BAIL APPLN./1755/2018 of PRAHLAD KAPOOR Vs THE STATE (GOVT. OF NCT )DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 1755/2018 & CRL.M.A. 28671/2018PRAHLAD KAPOOR..... PetitionerPRAHLAD KAPOOR..... Petitioner

Through:Ms. Richa Singh & Mr. C.M. Grover,Advs.Advs.versus

THE STATE (GOVT. OF NCT )DELHI

..... RespondentThrough:Mr. Ravi Nayak, APP for the Statewith SI Anupam, PS Jagatpuri.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBAO R R%27.07.2018

The allegations made in the FIR No. 67/2018 of police station JagatPuri seem to implicate the petitioner in offences punishable under Sections328/376/506/509 IPC. The petitioner was arrested on 20.04.018 and hasbeen in judicial custody since 21.04.2018.The investigation has beencompleted and charge-sheet was filed in the court of MetropolitanMagistrate in May, 2018.

Having regard to the facts and circumstances of the case, and asindicated in the status report, which has been filed, it appears that theprosecutrix had willingly gone with the petitioner to two of the places whereshe was allegedly raped, upon there being an assurance of marriage. Themobile phone instrument wherein certain videography was made allegedlyby the petitioner has already been seized by the police and its scrutiny forforensic experts is underway, report being awaited.BAIL APPLN. 1755/2018page 1 of 3

In the facts and circumstances when further process is likely to takesome time, no useful purpose would be served by keeping the petitioner injail.The case for release of the petitioner on bail is made out.Grantedaccordingly subject to the following conditions:-

(i).The petitioner shall furnish personal bond in the sum of Rs.25,000/-with one surety in like amount to the satisfaction of the trial court.with one surety in like amount to the satisfaction of the trial court.

(ii).Prior to his release, he shall give the telephone numbers of self and ofat least one other responsible family member besides that of the suretyto the trial court.at least one other responsible family member besides that of the suretyto the trial court.

(iii)He shall join the investigation as and when called upon by theinvestigating officer to do so.investigating officer to do so.

(iv)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.proceedings before the trial court so as not to cause any obstruction ordelay to its progress.

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

(vi)He shall not directly or indirectly make any inducement, threat orpromise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any policeofficer or tamper with the evidence; andpromise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any policeofficer or tamper with the evidence; and

(vii). He shall not leave India without the prior permission of the courtofcognizance or the trial court, as the case may be, and to ensure duecompliance with this condition and shall deposit his passport, if heholds one, with the said court.cognizance or the trial court, as the case may be, and to ensure duecompliance with this condition and shall deposit his passport, if heholds one, with the said court.

The bail petition and the application filed therewith are disposed of inthese terms.

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

Dasti.

JULY 27, 2018nk

R.K.GAUBA, J

BAIL APPLN. 1755/2018