Allowed

Ashwani Tomar v. State NCT of Delhi & Anr.

Delhi HC8 Aug 2024BAIL APPLN./561/2024

Case brief

AI extract

What is this about?

This order grants a modification of a bail application to release a petitioner whom the charge sheet does not name but who is under investigation. The petition to modify was allowed with conditions hindering tampering and requiring cooperation.

What did the court decide?

Petitioner released forthwith on personal bond of Rs. 25,000 with restrictions on contacting witnesses and duty to join investigation.

Ashwani Tomar Vs State NCT of Delhi & Anr. — Bail and Remand | Delhi HC (2024)

¶1

$~56

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- BAIL APPLN. 561/2024

¶4

ASHWANI TOMAR .....Petitioner

¶5

Through: Mr. Arvind Kumar, Mr. Subit Kumar Singh, Mr. Ankit Vats & Mr. Priyanshu Jaiswal, Advocates

¶6

versus

¶7

STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Hemant Mehla, APP for the State with ASI Rajkumar Special Staff

¶8

CORAM:

¶9

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R

¶10

% 09.09.2024 CRL.M.A. 27184/2024(under Section 482 Cr.P.C.)

¶11

The present Application has been filed under Section 482 of the Code of Criminal Procedure for modification of the Order dated 08.08.2024 in the Bail Application No. 561/2024.

¶12

It is submitted that on the last date of hearing the Bail Application was disposed when the learned Prosecutor had stated that the Charge Sheet stands filed in the Court. However in the Charge Sheet filed in the Court, the Applicant has not been named as an accused.

¶13

Learned APP for the State submits that the name of the petitioner occurs to be in the Disclosure statement and the investigations are still going on . He further submits that the supplementary Charge Sheet shall be filed against him after the completion of investigations.

¶14

In view of the submissions made, the Application is allowed and stands disposed of.

¶15

BAIL APPLN. 561/2024

¶16

Arguments addressed by the parties.

¶17

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2024 at 12:10:13

¶18

Considering that in the Charge Sheet has been filed in the Court, wherein the Applicant has not been named as an accused and that he has joined investigations, the petitioner shall be released forthwith, with the following conditions:-

¶19

a) The petitioner shall furnish a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Officer.

¶20

b) The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.

¶21

c) The applicant shall join the investigations as and when directed by the IO.

¶22

d) The applicant shall produce all the requisite information, documents in his power and possession, as and when directed by the Investigating Officer.

¶23

e) The petitioner will intimate about his mobile number and his residential address to the Investigating Officer and in case of change of mobile number or residential address, the same will be intimated to the Investigating Officer.

¶24

The petition along with application, if any stand disposed of.

¶25

NEENA BANSAL KRISHNA, J

¶26

SEPTEMBER 9, 2024/PT

¶27

Ashwani Tomar v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Ashwani Tomar v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arun Kumar Vs State of NCT of Delhi & Ors.

Amit Kathuria Vs State NCT of Delhi & Anr.

Salim @ Imran Vs State (Govt of Nct, Delhi)

Om Pal Singh Vs State NCT of Delhi

Nageshwar Builders Pvt. Ltd. & Ors. Vs State of NCT of Delhi & Ors.

Rajender Kumar Goyal Vs State of NCT of Delhi & Ors.