BAIL APPLN./225/2024 of MONNJORI DEB Vs STATE NCT OF DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 225/2024 MONNJORI DEB ..... Petitioner Through: Mr.Ramesh Gupta, Sr. Advocate with Mr.Rishabh Gupta, Mr.P.S. Wadhwa and Mr.K. Paliwal, Advocates

versus

STATE NCT OF DELHI ..... Respondent Through: Mr. Laksh Khanna, APP for State with SI Jitendra

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRIO R R

11.03.2024

1. The present application has been filed under Section 438 Cr.PC. seeking anticipatory bail in FIR No.328/2021 registered under Sections 302 /292 IPC and Sections 27A/29 NDPS Act at P.S. Greater Kailash.

2. Learned Senior Counsel for the petitioner/applicant submits that the applicant has already joined the investigation and that he is not involved in any other case.

3. On merits, it is submitted that as per the prosecution case, the deceased is stated to have died due to drug overdose and that the applicant is neither related nor has any connection with the said incident.

4. Learned APP for the State, on instructions, confirms that the applicant has joined the investigation. He further states that on checking of the mobile phone of the deceased, the name of one Mithun Chatterjee had cropped up and on analyzing his phone, name of the applicant came up. He submits that

the chargesheet has been filed against Mithun Chatterjee under Sections 27A/29 of the NDPS Act and Sections 302/292 of IPC and that he has already been released on regular bail. He, on instructions, submits that at this stage, no allegations have surfaced against the present applicant and as of now, the applicant is only suspect and further that no custodial interrogation is required.

5. Keeping in view the aforesaid facts and circumstances including the fact that the applicant has already joined the investigation, it is directed that in the event of arrest, the applicant be released on bail subject to him 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 address/contact detail, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO.

(v) The applicant shall not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.

(vi) The applicant shall regularly appear before the trial

Court.

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

MARCH 11, 2024

MANOJ KUMAR OHRI, J