KAMAL Vs. STATE OF NCT (DELHI)

JUDGEMENT

(1.) The petitioner has filed the present bail application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 for seeking bail in a case registered under FIR No.766/2013 dated 26.10.2013, under Section 308/34 of Indian Penal Code, Police Station Govindpuri, Delhi.

(2.) The State has filed its status report and according to the status report the FIR was registered on the statement of Shri Bhajan Singh S/o Shri Surjeet Singh R/o House No.503, Sardar Mohalla, Tughlakabad Village, New Delhi and during the investigation two accused Honey and Rohit were arrested and the petitioner was absconding. It was only after issuance of non bailable warrant against the present petitioner/accused on 26.10.2013, the petitioner was arrested on 10.09.2014 by the local police of P.S. Badarpur, Delhi. It is further submitted in the status report that as per SCRB report, the petitioner is involved in many other criminal cases. It is further submitted that only two witnesses have been examined and the next date fixed before the trial court is 15th, 16th and 18th January 2016.

(3.) The petitioner had also moved the bail application before the learned Additional Sessions Judge-02/SE/ND, which was dismissed vide order dated 24th February 2015, which is impugned in the present petition. Rejection of the bail was primarily on the ground that the statement of complainant was yet to be recorded. The learned Additional Sessions Judge-02/SE/ND did not find any ground to take a different view than the view taken by the learned predecessor of the court on 3rd January 2015.