BHUPENDER ALIAS GORA Vs. NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Section 439, Cr .P.C. f or grant of bail to the petitioner in case FIRNo. 320/2002 under Sections 302/323/147/148/149,IPC,P.S.Samai Pur Badli.

(2.) After investigations, challan has been filed. Petitioner was not named as the assailant in the FIR. On 26.5.2002 a supplementary statement of the complainant, was recorded in which the complainant stated that the knife blow was given not by Sonu but by Bhupender, the petitioner herein. Learned Counsel for the petitioner submits that there is no o ther evidence against the petitioner except the supplementary statement. Learned Counsel further submits that the complainant has inserted"two new names including the name of the petitioner in the supplementary statement. Learned Counsel also submits that the petitioner is a young boy of 21 years having clean antecedents; he has not been involved in any case. The factual narration is not contested by the learned APP. He however submitts that in the eventuality of the petitioner being released, he is likely to tamper with the evidence. At this stage learned Counsel for the petitioner submits that the petitioner would not visit the area of P.S. Samai Pur Badli and that he would not tamper with the evidence in any way.

(3.) In the facts and circumstances of the case, petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the Trial Court, subject to the condition that he shall not visit the area of P.S. Samaipur Badli, except with the permission of the Trial Court pending final disposal of the case. Petition stands disposed of. Dasti. Petition disposed of.