High CourtsSingle Bench

Hemant @ Sunil vs State, Gnct Delhi

Delhi High Court · Decided on 9 August 2018 · Citation: (2018) 08 DEL CK 0166

HON’BLE JUDGES
SANJEEV SACHDEVA, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307, 336, 452 · Arms Act, 1959 — Section 25, 27
RESULT
Diposed Off
CASE NUMBER
BAIL APPLN. 1745 OF 2018
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Judgment

16 paragraphs · 260 words

SANJEEV SACHDEVA, J. (ORAL)

1.

The petitioner seeks regular bail in FIR No.719/2017 under Sections 336/452/34 IPC read with Sections 25/27 Arms Act, Police Station Narela.

Charge has been framed under Sections 307/452/34 IPC and the petitioner was discharged of the other Sections including Sections 25/27 of the Arms

Act.

2.

The petitioner has been in custody since 30.09.2017.

3.

Learned counsel for the petitioner submits that admittedly, no injury was sustained by anybody and the only allegation is that the petitioner fired at

the complainant as well as in the air.

4.

Learned counsel for the petitioner submits that none of the witnesses in their testimony recorded before the trial court, have supported the case of

the prosecution. Even the statement recorded by the Trial Court of the complainant does not support the allegations of the prosecution.

5.

Without commenting on the merits of the case and on perusal of the record, I am satisfied that the petitioner has made out a case for grant of

regular bail.

6.

Accordingly, subject to petitioner furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Trial

Court, the petitioner shall be released on bail, if not required in any other case. The petitioner shall not do anything, which shall prejudice either the trial

or the prosecution witnesses. The petitioner shall not leave the country without the permission of the Trial Court.

7.

The petition is disposed of in the above terms.

8.

Order Dasti under signatures of the Court Master.