BAIL APPLN./2135/2024 of VIMAL D SHAH Vs STATE GNCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2135/2024

VIMAL SHAH

.....Petitioner

Through: Mr. Michael Peter, Advocate

versus

STATE GNCT OF DELHI

.....Respondent

Through: Mr. Aashneet Singh, APP for State Mr. Sachin Puri, Sr. Advocate with Mr. D.D. Sharma, Mr.Sanket, Ms.Niharika, Ms.Nivedita, Mr.Fardeen, Ms.Madhavi and Mr.Karan, Advocates for complainant

CORAM:HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

15.07.2024

1. By way of present application, the petitioner/applicant seeks anticipatory bail in FIR No.257/2024 registered under Sections 420/406 IPC at P.S. Punjabi Bagh, Delhi.

2. Learned counsel for the applicant submits that the applicant has been able to reach on an amicable settlement vide Settlement Agreement dated 14.07.2024 arrived at before Samadhan, Delhi High Court Mediation and Conciliation Centre. The Settlement Agreement has been digitally signed by the applicant.

3. Learned Senior Counsel for complainant also confirms the aforesaid position.

4. Learned counsels for the parties submit that in paragraph 3 of the aforesaid agreement, the property bearing No.64, 106, Koyambedu Village, Jawaharlal Nehru Road, Ground Floor, Koyambedu, Chennai-600107 was earlier described as Block No.64, No.106, Koyambedu Village.

5. Learned counsel for the applicant submits that the cheque bearing No.000019 dated 27.12.2024 drawn on HDFC Bank, YWCA, 1086, P.H. Road, Chennai, Tamil Nadu–600084 for an amount of Rs.2,75,00,000/- is being handed over. He assures that the said cheque would be encashed upon presentation. It is also submitted that the balance amount due towards interest would also be paid within one week from today. Learned counsel, on instructions, further submits that the applicant undertakes to abide by the terms of the settlement. The undertaking is accepted, taken on record and he is made bound by the same.

6. Keeping in view the aforesaid facts and circumstances and considering that the parties have been able to reach an amicable settlement, the concerned I.O. shall take immediate steps for withdrawal of the LOC and NBWs issued against the applicant and it is further directed that in the event of arrest, the applicant be released on bail subject to his furnishing personal bond in the sum of ₹25,000/ - with one surety of like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:-

(i) At the time of furnishing bail bond, the applicant shall provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial.

(ii) The applicant shall join the investigation as and when asked.

(iii) The applicant shall inform the concerned Investigating Officer about his current residential address.

(iv) In case of change of residential addresses/contact details, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO.

(v) The applicant shall not tamper with the evidence.

(vi) The applicant shall regularly appear before the trial Court.

7. The application is disposed of in the above terms.

8. Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application.

JULY 15, 2024

MANOJ KUMAR OHRI, J