High Court Delhi allowed a bail application filed by Pawan under Section 439 Cr.P.C. in an IPC case involving injuries. The petitioner surrendered after two years of absconding. The Court granted bail due to the complainant turning hostile and other co-accused being on bail.
Grant of regular bail on furnishing a bond of Rs. 25,000 with one surety of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Through: Mr. Rahul Tyagi, Advocate
versus
STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Mr Naresh Kumar Chahar APP for the State with SI Vandana, P.S. Anand Parbat, Delhi.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT
SWARANA KANTA SHARMA, J ( ORAL )
Signature Not Verified
BAIL APPLN. 316/2024 Page 1 of 4
Digitally Signed By:ZEENAT PRAVEEN Signing Da te:0 6.03.2024 19:04:43
injuries. Thereafter, the statements of the victims had been recorded under Section 161 Cr.P.C and on 06.09.2021 accused Manoj @ Bhaddi had surrendered before the learned Trial Court. During his interrogation the weapon used in the alleged offence had been recovered at his instance. But other accused persons were absconding and NBWs had been issued against them on 18.11.2021 and chargesheet against accused Manoj @ Bhaddi had been filed under Sections307/34 of the IPC. Thereafter, another accused namely Karan @ Dolly had also been arrested on 14.02.2022 and supplementary chargesheet qua him was filed in the learned Trial Court. However, other three co-accused were still absconding. On 25.08.2023, proceedings under Section 82 Cr.P.C had been initiated against the other three accused persons. Thereafter on 11.10.2023, the accused Pawan and Vishnu had surrendered before the learned Trial Court and supplementary chargesheet qua them stand filed.
Signature Not Verified
BAIL APPLN. 316/2024 Page 2 of 4
Digitally Signed By:ZEENAT PRAVEEN Signing Da te:0 6.03.2024 19:04:43
surrendered on 11.10.2023. It is further submitted that other two co-accused persons who are the key conspirators, and from whom weapon of offence has been recovered have already been granted bail by the learned Trial Court vide order dated 01.06.2022. It is further stated that the complainant, who is the eye witness in the present case i.e. PW-1 has turned hostile. Thus, the present applicant be enlarged on bail.
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BAIL APPLN. 316/2024 Page 3 of 4
Digitally Signed By:ZEENAT PRAVEEN Signing Da te:0 6.03.2024 19:04:43
1/complainant i.e. the eye witness has turned hostile. In these circumstances, this Court is inclined to grant regular bail to the present applicant.
(ii) The applicant shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner.
(iii) The applicant will not leave the country without the prior permission of this Court and in case of change of residential address and/or mobile number, the same will be intimated to this Court by way of an affidavit.
SWARANA KANTA SHARMA, J
MARCH 4, 2024/ns
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BAIL APPLN. 316/2024 Page 4 of 4
Digitally Signed By:ZEENAT PRAVEEN Signing Da te:0 6.03.2024 19:04:43
3 issues framed by the court
Whether an applicant facing proceedings under Section 82 Cr.P.C. and absconding for two years deserves regular bail upon surrender given hostile prosecution witness.
Whether the surrender of the applicant after a significant delay and prior bail of co-accused warrants grant of regular bail without settling the matter.
What conditions are reasonable to enforce when granting regular bail to an applicant with a hostile witness.
3 provisions across 2 enactments
Pawan
State Govt. of NCT of Delhi
Swarana Kanta Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
