BAIL APPLN./649/2017 of HITESH Vs THE STATE (NCT OF DELHI)
Parties
- + BAIL APPLN. 649/2017 HITESH (PETITIONER)
- THE STATE (NCT OF DELHI (RESPONDENT)
Cites (2)
- BAIL APPLN./1697/2020 of SHAHJADA IRFAN Vs THE STATE NCT OF DELHI (2020)
- AIR 1972 SC 1756 (1972) FOLLOWED
Full text
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IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 649/2017HITESH..... PetitionerHITESH..... Petitioner
Through:Mr.B.S.Rana, Adv.
versus
THE STATE (NCT OF DELHI)..... RespondentThrough:Ms.Kusum Dhalla, APP for StateSI Tejwati, PS-AlipurMr.Saurabh Singhal, Adv. forcomplainant.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTAO R R%22.05.2017
The petitioner seeks anticipatory bail under Section 438 Cr.P.C. incase FIR No.75/2017, under Sections 323/341/509/427/376/452/506/34 IPC,registered at Police Station-Alipur, Delhi.
Learned counsel for the petitioner submit that the petitioner is aninnocent person and has no nexus with the FIR in question. He furthersubmits that Section 376 IPC was added later on. He further submits that thepetitioner has already joined investigation and nothing is to be recovered atthe instance of the petitioner and the petitioner is not required for custodialinvestigation. He further submits that the petitioner is ready to join furtherinvestigation as and when required and prays that the petitioner be grantedanticipatory bail.
Learned APP for the State and Mr.Saurabh Singhal, Advocate forthe complainant vehemently oppose the bail application. However, the
learned APP on instructions from the Investigating Officer admits that thepetitioner has joined the investigation.
Considering the facts and circumstances of the case, the petitioner isdirected to join the investigation and in the event of his arrest, he be releasedon bail, on his furnishing bail bond in the sum of Rs.20,000/- with onesurety of the like amount to the satisfaction of the SHO/Investigating officerconcerned with the condition that the petitioner shall not influence theprosecution witnesses; the petitioner shall not contact, threaten or coerce thevictim or any of her family members or to indulge in any illegal activities;the petitioner shall not tamper the prosecution evidence and the petitionershould not leave India without prior permission of the Court below.
The present bail application is allowed and disposed of accordingly.
Copy of this order be given dasti.
MAY 22, 2017/sr
I.S.MEHTA, J