Sonu @ Amar @ Amarjeet vs State (GNCTD)

Prathiba M. Singh, J

This hearing has been held through video conferencing.

The present application has been filed seeking regular bail in FIR No. 130/2020. The brief background of this case is that an incident took place outside a restaurant at Punjabi Bagh in the intervening night of 10th and 11th February, 2020. A scuffle broke out between friend - i.e., the Complainant, the Applicant and their friends and there was a firing by pistol. Insofar as the allegation against Sonu @ Amar @ Amarjeet is concerned, the same is that he provided the pistol. The Applicant is in his 20s.

The Applicant was released on interim bail vide order dated 4th September, 2020, subject to the various conditions that were imposed, as the court found the incident to be one where there was no premeditation for firing. Ld. counsel for the Applicant was also directed to place on record the order of the Trial Court in FIR No. 515/2016, by which bail was granted.

Today, Mr. G.S. Sharma, ld. counsel submits that he has not received a copy of the bail order of the co-accused. However, in a subsequent order, ld. Trial Court has recorded that bail has been granted. Reliance is placed on the order dated 9th October, 2020 passed by the ld. ASJ in case of the State v. Amarjeet, FIR No.515/2016.

In any event, in the present case, the Investigating Officer has appeared before the Court today and stated that the conduct of the Applicant during the interim bail period has been satisfactory. Further, considering the nature of the offence, which was a scuffle between friends and there was alleged firing by one of co-accused, this Court is inclined to grant regular bail to the Applicant on the same conditions as contained in the order dated 4th September, 2020. No further bond or surety would be liable to be furnished by the Applicant. Accordingly, the Petitioner is admitted to bail on the following conditions:

i. The Applicant shall provide his residential address to the I.O. and shall not leave Delhi.

ii. The Applicant shall give a live mobile number to the concerned IO and be in touch with him on a daily basis.

iii. The Applicant shall not contact any witnesses or the Complainant or his family in any manner or indulge in any activity so as to impede the trial in the case.

The present petition is disposed of, in the above terms. All pending applications are also disposed of.