High Court dismissed petitioner's bail cancellation petition seeking quashing of regular bail granted by Sessions Court. Court found bail order well reasoned, noting mutual animosity and lack of concrete evidence for alleged threats.
Petition for cancellation of regular bail dismissed; petition rejected.
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Through: Mr Medhanshu Tripathi, Adv.
STATE AND ORS .....Respondents Through: Mr Aashneet Singh, APP for State SI Lokendra Singh, PS-Malviya Nagar, South District.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 12.11.2024
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 19/11/2024 at 13:01:52
“It is the matter of fact that applicant was not found present at the spot. His role is depicted as of the conspirator, but no concrete evidence has been placed on record. It is only the fact disclosed by the co-accused that Rashid had given an amount of Rs. 1 lakh to Rahimuddin by using Imran Car. No electronic evidence have been collected so far to buttress the above said fact.
Considering the above facts coupled with the fact that investigation qua the applicant have been completed, applicant is ordered to be admitted on bail subject to furnishing the personal bond of Rs. 50,000/- along with two surety of a like amount to the satisfaction of Ld. MM/ Link MM/ Duty MM subject to following conditions:-
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 19/11/2024 at 13:01:52
“That, after accused person’s release on bail, two criminal cases have been registered by both the parties against each other, wherein a case vide FIR No. 199/23, Dt. 16.05.2023, u/s 323/341/506/34 IPC was registered on the complaint of Samshuddin S/o Haji Jabruddin R/o H. No. 58A, Kalu Sarai, Malviya Nagar, ND (Father of petitioner) against the family members of accused persons (uncle of accused person), while a case vide FIR No. 200/23, Dt. 16.05.2023, u/s 323/325/341/506/34 IPC was registered on the complaint of Hanif S/o Haji Jabruddin R/o H. No. 58A, Kalu Sarai, Malviya Nagar, ND (Uncle of accused Imran) against the petitioner and his family members. Chargesheet of both the cases have been filed before the concerned court. Preventive actions u/s 107/150 CrPC have been taken against both the parties vide DD No. 116A, Dt. 01/03/2022 PS Malviya Nagar & DD No. 64A, Dt. 19.06.2024 PS Malviya Nagar.”
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 19/11/2024 at 13:01:52
inclined to interfere in the order dated 08.07.2021 granting bail to respondent no.2 and the present petition is therefore rejected.
NOVEMBER 12, 2024/ sr
JASMEET SINGH, J Click here to check corrigendum, if any
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 19/11/2024 at 13:01:52
1 issue framed by the court
Whether the regularization bail granted to the respondent in the underlying FIR should be cancelled due to alleged threats made by the accused after release.
1 provisions across 1 enactments
Md Islam
State
Jasmeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
