BAIL APPLN./992/2018 of SHALU Vs STATE (GOVT. OF NCT OF DELHI)

IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 992/2018 and Crl. M.A. 8202-8203/2018

SHALU..... Petitioner

Through: Mr. Munipalle Sowri Dev, Advocate

versus

STATE (GOVT. OF NCT OF DELHI)..... RespondentThrough: Mr. Ashish Dutta, APP for the State withInsp. Fateh Singh, SI Brahma Dutta, PS SunlightColonyMs. Sandhani B. Saikia, Advocate for thecomplainantThrough: Mr. Ashish Dutta, APP for the State withInsp. Fateh Singh, SI Brahma Dutta, PS SunlightColonyMs. Sandhani B. Saikia, Advocate for thecomplainant

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBAO R R%26.07.2018

On the complaint of Sanjay Kumar, First Information Report(FIR) no.71/2018 has been registered (in March, 2018) by policestation Sun Light Colony for investigation into offences punishableunder Section 3(i)(r)(s) of the Schedules Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 as amended in 2015. perusalof the FIR itself shows that the incident relates to 20.10.2017. Thereis no explanation as on date for the belated complaint.Thedocuments filed by the petitioner, she being one of the persons namedin the FIR reveal that her mother, also named as an accused, hadearlier lodged complaints with the police about the mis-conduct of theBAIL APPLN. 992/2018page 1 of 3

first informant, the same being subject matter of DD nos.55B dated17.06.2017, DD no.17A dated 23.08.2017 and further complaintsdated 25.08.2017, 08.09.2017, 16.10.2017, 21.10.2017, etc. the lastbeing subject matter of DD no.37A. It appears from the said previouscomplaints that the petitioner, members of her family and otherneighbours have been aggrieved with the conduct of the firstinformant who runs shop in the premises close to their residence, heearlier having been in the business of refilling of gas cylinders thoughhe having since changed the nature of business to sale of certainplastic-ware. The photographs taken from CCTV system and livecamera used in September 2017 depict the improper use of the shoppremises by the first informant, he having virtually displayed his wareoutside on the public street to which the neighbours would takeexception, this being also cause for friction.

It is noted that in the FIR, amongst other, omnibus allegationshave been made attributing certain utterances to the petitioner andmembers of her family.

In these facts and circumstances, case for anticipatory bail ismade out. Thus, it is directed that in the event of the petitioner beingarrested,she shall be released on bail by the arresting officer onfurnishing personal bonds in the sum of Rs.10,000/- with one suretyin the like amount subject to the following further conditions:-(i)The petitioner shall continue cooperating with the investigationand join the same as and when called upon to do so;

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

(iii)Prior to her release, she shall give the telephone numbers of selfand of at least one other responsible family member besides that ofthe surety to the investigating officer;

(iv)She shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as todissuade him/her from disclosing such facts to the Court or to anypolice officer or tamper with the evidence; and

(v).This order will inure only till the date of first appearance of thepetitioner in the event of charge-sheet being filed on conclusion ofthe investigation and process being issued against her by the court ofcognizance.

The petition and the applications filed therewith standsdisposed of in above terms.

Dasti under the signatures of the Court Master.

JULY 26, 2018Yg

R.K.GAUBA, J

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