BAIL APPLN./1826/2017 of DEEPAK Vs STATE OF NCT OF DELHI

*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 1826/2017DEEPAK..... Petitioner

Through:Mr. Ajay Kr., Adv.

versus

STATE OF NCT OF DELHI

..... Respondent

Through:Mr. K.S. Ahuja, APP for the Statewith SI Prem Kumar, PS Mehrauli.

CORAM:

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

%14.12.2018

Crl.M.A. 49567/2018 (for restoration)

There was some confusion in the date fixed, by order dated09.07.2018 inasmuch as the status on the website would show 27.11.2018whereas in the proceedings it came to be fixed for 22.11.2018 on which datedue to non-appearance, the petition was dismissed in default.

In this view, the application is allowed. The bail application isrestored to its original number.

BAIL APPLN. 1826/2017

The counsel for the petitioner has placed before this court, copy of thejudgment dated 15.10.2018 of the Principal Judge, Family Court for DistrictEast whereby on his petition, the decree of divorce had been granted on theground of cruelty. He also placed before the court copy of the judgmentBAIL APPLN. 1826/2017page 1 of 3

dated 31.10.2018 of the Metropolitan Magistrate whereby the petition (CCNo. 473106/2016) of the complainant under Section 12 of Protection ofWomen from Domestic Violence Act, 2005 was dismissed.

In the facts and circumstances, as brought out through the statusreport, which was submitted earlier, case for anticipatory bail is made out.The petition is allowed.

Thus, it is directed that in the event of the petitioner being arrested,he shall be released on bail by the arresting officer on furnishing personalbond in the sum of Rs. 20,000/- with one surety in the like amount subject tothe following further conditions:-

(i)The petitioner shall continue cooperating with the investigationand join the same as and when called upon to do so;and join the same as and when called upon to do so;

(ii)The petitioner shall not come in contact with or try to influenceany of the witnesses connected to the case;any of the witnesses connected to the case;

(iii)Prior to his release, he shall give the telephone numbers of selfand of at least one other responsible family member besidesthat of the surety to the investigating officer;and of at least one other responsible family member besidesthat of the surety to the investigating officer;

(iv)He shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the caseso as to dissuade him/her from disclosing such facts to theCourt or to any police officer or tamper with the evidence;or promise to any person acquainted with the facts of the caseso as to dissuade him/her from disclosing such facts to theCourt or to any police officer or tamper with the evidence;

(v)He shall not leave India without the prior permission of thecourt ofcognizance or the trial court, as the case may be,and to ensure due compliance with this condition and shalldeposit his passport, if he holds one, with the said court.court ofcognizance or the trial court, as the case may be,and to ensure due compliance with this condition and shalldeposit his passport, if he holds one, with the said court.BAIL APPLN. 1826/2017page 2 of 3

This order will inure only till the date of first appearance of thepetitioner in the event of charge-sheet being filed on conclusion of theinvestigation and process being issued against him by the court ofcognizance.

The petition stands disposed of in above terms.Dasti under the signatures of Court Master.

R.K.GAUBA, J

DECEMBER 14, 2018nk

BAIL APPLN. 1826/2017