BAIL APPLN./755/2019 of VED PRAKASH Vs THE STATE (GOVT. OF NCT, DELHI)

BAIL APPLN. 748/2019 etc.

ORDER%26.07.2019

Apprehending arrest during investigation of first information report(FIR) No.395/2018 of Police Station Mundka involving allegations ofcommission of acts constituting offences under sections 376/377/498-A/406/506/34 of Indian Penal Code, 1860 (IPC), the petitioners haveapproached this court by these petitions seeking anticipatory bail invokingIthe jurisdiction of this court under section 438 of the Code of CriminalProcedure, 1973 (Cr.P.C.). The third petitioner Narayan is the husband ofthe first informant Monu and the second petitioner Ved Prakash is the fatherof Narayan and, therefore, father-in-law of the first informant, the firstpetitioner Munish is elder brother of Narayan and, therefore, brother-in-law(jeth) to the first informant.

When these petitions came up for consideration on 28.03.2019, it wassubmitted that the parties had agreed to resolve the matrimonial disputeamicably. They were referred to Delhi High Court Mediation & ConciliationCentre which has reported that settlement agreement has been executed on21.05.2019 between the third petitioner Narayan and the first informantMonu agreeing to resolve their dispute amicably. The petitioners press forthe relief in the nature of anticipatory bail on the basis of said settlementagreement. The first informant is also present in the court and submitsthrough Additional Public Prosecutor her no objection.

While this court is inclined to grant the relief as is being prayed, itmust be added here that since the case also involves accusations of offencesBAIL APPLN 748/2019 etc. page 2 of 4

under sections 376/377 IPC, the grant of anticipatory bail will not beconstrued as endorsement of the settlement leading to move for quashing ofthe case to that extent, and for which the parties will have to take appropriatesteps and the court which is called upon to adjudicate on petition in thatcontext will have to take appropriate call in accordance with law.

In the foregoing facts and circumstances, the petitions are allowed. Itis directed that in the event of they being arrested, the petitioners shall bereleased on bail by the arresting officer on furnishing personal bond in thesum of Rs.25,000/- with one surety in the like amount subject to thefollowing further conditions:-

(i) The petitioners shall continue cooperating with theinvestigation and join the same as and when called upon to do so;(ii) The petitioners shall not come in contact with or try toinfluence any of the witnesses connected to the case;

(iii) Prior to their release, they shall give the telephone numbers ofself and of at least one other responsible family member besides that of thesurety to the investigating officer;

(iv) They shall not directly or indirectly make any inducement,threat or 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 any policeofficer or tamper with the evidence;

(v) They shall not leave India without the prior permission of thecourt of cognizance or the trial court, as the case may be, and to ensuredue compliance with this condition and shall deposit their passports, if heholds one, with the said court.BAIL APPLN. 748/2019 etc. Page 3 of 4

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 them by the court ofcognizance.

All the petitions stand disposed of in above terms.Dasti under the signatures of Court Master.

JULY 26,2019vk

R KAA, J.

BAILAPPLN. 748/2019 etc.

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