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Nafe Singh v. State (Nct of Delhi)

Delhi HC8 Dec 2015BAIL APPLN./2468/2015

Case brief

AI extract

What is this about?

In this bail application, the petitioner sought anticipatory bail regarding an FIR alleging an attack and attempt to murder. The court granted bail noting the petitioner cooperated in the investigation and complainant's injuries were simple, despite a record of nine prior cases where most resulted in acquittal or discharge.

What did the court decide?

Grant of anticipatory bail; release on bail upon furnishing a bond of Rs.10,000 with one surety.

Nafe Singh Vs State (Nct of Delhi) — Bail and Remand | Delhi HC (2015)

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$~14

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 2468/2015

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NAFE SINGH ..... Petitioner Through: Mr.Anirudh Yadav, Advocate. versus STATE (NCT OF DELHI) ..... Respondent Through: Ms.Rajni Gupta, APP. SI Anuj Yadav, P.S.Chhawla.

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CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR O R D E R

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% 08.12.2015

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The petitioner seeks anticipatory bail in connection with FIR No.477/2015 (P.S.Chhawla) which has been instituted for offences under Sections 147,148, 149, 307 and 34 of the IPC read with Sections 25, 27 and 54 of the Arms Act.

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The petitioner is alleged to have come to the construction site of the complainant along with 7-8 persons and attacked them. Specifically, allegation has been raised against the petitioner of having whipped out a revolver and fired at the complainant with the intention to kill him. The complainant has stated in the first information report that in order to ward off such attack, he ducked and the bullet hit his forearm.

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The injuries suffered by the complainant was examined by the doctor which were found to be simple in nature. The doctor has also opined that the injury could be self inflicted.

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After the petitioner was granted interim protection by this Court by order dated 17.11.2015, the petitioner has participated in the investigation

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and has never evaded to face the interrogation by the police.

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Ms.Rajni Gupta, APP, however, opposes the anticipatory bail of the petitioner on the ground that in the past he had been made accused in several cases and he is a bad character of the area.

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The status report lists a number of cases against the petitioner. Out of nine cases listed against the petitioner, the petitioner has either been acquitted or discharged in seven of them. There are only two cases viz.FIR Nos.77/2011 (under Section 325/34 IPC) and 181/2011 (under Sections 307/341/147/148/149/120B IPC) both registered at P.S.Chhawla, which are pending adjudication.

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Considering the fact that the petitioner has participated in the investigation process and the injuries on the complainant of which the petitioner was the author, were found to be simple, the petitioner is granted the privilege of anticipatory bail.

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In the event of his arrest, the petitioner shall be released on bail on his furnishing bond in the sum of Rs.10,000/- with one surety of like amount to the satisfaction of the Investigating Officer/SHO of the concerned police station.

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Needless to say that in case the petitioner does not cooperate in the investigation, it would be open for the IO to have his anticipatory bail cancelled.

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Application is disposed of.

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ASHUTOSH KUMAR, J

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DECEMBER 08, 2015/k

Nafe Singh v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Nafe Singh v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

What the court decided

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