BAIL APPLN./2571/2018 of GIRISH KUMAR GUPTA Vs STATE OF NCT OF DELHI

*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 2571/2018 & Crl.M.A. 35342/2018

GIRISH KUMAR GUPTA..... Petitioner

Through:Mr. S.K. Mishra, Adv.

versus

STATE OF NCT OF DELHI

..... RespondentThrough:Mr. K.S. Ahuja, APP for the Statewith SI Arvind Kumar, PS Jaitpur.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBAO R R%29.11.2018

Further status report dated 26.11.2018 has been submitted incompliance with the directions in the last order. The petitioner herein wasarrested on 06.08.2018 during the course of investigation into FIR no.470/2018 of police station Jaitpur involving offences punishable underSections 323/.308/354/354B/448/506/34 IPC.The incident which is thesubject matter of this case relates to 01.08.2018. The investigation of thecase has since been concluded and the charge-sheet already laid before thecriminal court.It is noted that cross FIR no. 472/2018 was registeredrespecting the same incident on the complaint of Rani Gupta, wife of thepetitioner, the said other case involving offences punishable under Sections323/354/354B/452/376/34 IPC. The investigation into the cross FIR is statedto be still pending, two of the accused persons namely Vinay Kumar Paswanand Raj Kishore having become elusive.BAIL APPLN. 2571/2018page 1 of 3

From the perusal of the charge-sheet in the case in which thepetitioner is accused and from the facts concerning the cross FIR and thestatus report respecting its investigation, it is likely that there was free forall. It would need investigation and detailed probe as to which party was theaggressor and which party was the one aggressed.

In these facts and circumstances, no useful purpose would be servedby keeping the petitioner in continued custody inasmuch as the investigationqua his role has already been completed. The case for release on bail is madeout. Granted accordingly subject to the following conditions:-

(i).The petitioner shall furnish personal bond in the sum ofRs.20,000/- with one surety in like amount to the satisfaction of thetrial court.

(ii).Prior to his release, he shall give the telephone numbers of selfand of at least one other responsible family member besides that ofthe surety to the trial court.

(iii).He shall scrupulously appear at each and every stage of theproceedings before the trial court so as not to cause any obstruction ordelay to its progress.

(iv).He shall not commit an offence similar to the offence of whichhe is accused, or suspected, of the commission of which he issuspected.

(v).He shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any policeBAIL APPLN. 2571/2018page 2 of 3

officer or tamper with the evidence; and

(vi).He shall not leave India without the prior permission of thecourtofcognizance or the trial court, as the case may be, and toensure due compliance with this condition and shall deposit hispassport, if he holds one, with the said court.

The bail petition and the applications filed therewith are disposed ofin these terms.

copy of this order shall be transmitted to the jail authorities and tothe trial court.

Dasti.

NOVEMBER 29, 2018

R.K.GAUBA, J

BAIL APPLN. 2571/2018