Delhi HC grants bail to man observing report filed by Police incorrect

Jan 08, 2021

New Delhi [India], January 8 : A man on Thursday was granted bail by Delhi High Court after the status report filed by Delhi Police was incorrect.
A single-judge bench of Justice Anu Malhotra granted bail to Pradeep alias Vicky on filing a bail bond of Rs 50,000 with two sureties of the like amount to the satisfaction of the trial court with directions that he shall not leave the city under any circumstance and he shall appear before the trial court as and when directed. The court also said that he shall keep his mobile phone on at all times.
The court said that the accused shall drop a pin on the Google map to ensure that his location is available to the Investigating Officer and he shall commit no offence whatsoever during the period that he is on bail.
Pradeep's counsel, advocate Kanhaiya Singhal has urged the court to grant regular bail to his client in relation to the First Information Report (FIR) in Samaipur Badli, under Sections 307/506 of the Indian Penal Code, 1860 and Sections 25/27/54/59 of the Arms Act, 1959 submitting to the effect that a settlement has been arrived at between the petitioner and the injured.
The court had sought a status report from Delhi Police. In its status report, Delhi Police has said that the aspect of a settlement is not refuted and that the complainant is stated to have admitted that the affidavit annexed to the applicant is genuine and that he wanted to close all disputes with the applicant.
However, it was indicated in the status report, the applicant had committed the offence whilst he was on bail in another case of murder in Samaipur Badli, Naresh who was a witness in the case of murder in relation, is the uncle of the complainant of the present case and that the applicant was thus bringing forth a message that anyone who made a statement against him would not be spared.
In relation to the said submission made through the status report, it has been submitted on behalf of the applicant that the averments are far from the truth in as much as the applicant has already been acquitted in relation to FIR Samaipur Badli vide Delhi High Court judgment dated October 4, 2018. It is further submitted on behalf of the applicant that the FIR in the instant case was lodged on November 29, 2019, thus the submissions made in the status report to the effect that the offence was committed in the instant case whilst the applicant was on bail in Samaipur Badli, under Section 302 of the Indian Penal Code, 1860 is wholly erroneous.
The court verified the judgement through the website of this high court which on verification has been found to be correct. "The status report dated January 2, 2021, with averments made in para 8 is thus grossly incorrect," the court said.