Let the present petitioner/applicant be released on bail on execution of personal bond of Rs. 25,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court was upheld by the High Court Of Delhi through the learned bench led by HON’BLE MR. JUSTICE TALWANT SINGH in the case of ANIS @ DUPETTEWALA Vs THE STATE ( GOVT. OF NCT, DELHI) (BAIL APPLN. 4289/2021) on 10.05.2022.
Brief facts of the case are that the petitioner/applicant moved this regular bail application in FIR No. 20/2015 under Section 302/396/412//34 IPC and 25/27 Arms Act registered at PS Kamla Market. His earlier bail application was dismissed by the learned Trial Court on 04.10.2021. The case of the prosecution, as narrated by the petitioner/applicant, is that on 11.01.2015, Constable Mukesh had given the information to the Police Station that a young boy was found in an injured condition, who was shifted to hospital. The said injured was declared as ‘brought dead’ on his arrival at the hospital.
The present FIR was registered under Section 302 IPC. The deceased was later on identified as Rehman Usmani. During investigation, the present petitioner/applicant along with other persons, was arrested and charge sheet was filed under Section 302/396/412/34 IPC and 25/27 Arms Act. The said case is a pending adjudication before the learned ASJ, Tis Hazari Court.
The Advocate for the petitioner/applicant has placed on record the judgements in other matters where either the accused was acquitted or he has been released for a period already undergone or convicted and undergone the sentence.
The Court observed that “The present petitioner/applicant is entitled to bail on the ground of parity as other co-accused having similar or serious roles have been already released on bail by this Court as well as by the learned Trial Court, as mentioned above. The ground taken for rejecting his bail application by the learned Trial Court is that there were four other criminal cases against him. In the NDPS cases, he was convicted and he had already undergone the said punishment and in the case under Arms Act, he was already acquitted. All these cases are for the period 2009-2014. An accused cannot be detained for ever during trial only on the ground that in past he was convicted or acquitted in some cases.”
In view of facts and circumstances, court held that let the present petitioner/applicant be released on bail on execution of personal bond of Rs. 25,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court.
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Written by- Riya Singh, Legal Intern, Prime Legal
