BAIL APPLN./3305/2024 of AMAN MISHRA Vs STATE OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 3305/2024 & CRL. MA 27577/2024 AMAN MISHRA .....Petitioner Through: Mr. Jitendra Jain and Mr. Ravi Shankar Garg, Advocates. AMAN MISHRA .....Petitioner Through: Mr. Jitendra Jain and Mr. Ravi Shankar Garg, Advocates.

versus

STATE OF NCT OF DELHI .....Respondent Through: Mr. Laksh Khanna, APP for State with Inspector Vikas Mudgal PS Mukharji Nagar, Delhi. Mr. Arpit Verma, Mr. Anuj Arya and Ms. Sakshi Mishra, Advocates for complainant with complainant in person.

CORAM:HON'BLE MR. JUSTICE MANOJ KUMAR OHRIO R R13.11.2024

1. The present application has been filed by the petitioner/applicant seeking anticipatory bail in FIR No. 587/2024 registered under Sections 376/506 IPC and Sections 3(1)(r)/3(1)(s)/3(z)(c)/3(z) of the SC & ST Act, 1989 at P.S. Mukherjee Nagar, New Delhi.

2. Learned counsel for the petitioner/applicant submits that the applicant

is the husband of the complainant and on account of matrimonial discord the first motion for divorce has been granted. He further submits that the allegations in the present FIR pertain to the period following the grant of first motion. He states that as per allegations in the FIR, the complainanthas accused the applicant of making casteist remarks against her. It is stated that insofar as the allegations under Section 376 IPC are concerned, the same

pertain to the period prior to the marriage of the applicant and the complainant.

3. The bail application is opposed by learned APP for State duly assisted by learned counsel for the complainant. Learned APP, however, on instructions, fairly submits that there is no public witness to support the allegations of casteist remarks made by the applicant. Learned counsel for the complainant submits that the complainant apprehends threat at the hands of the applicant, whose father has been running security agency. Lastly, it is stated that the chargesheet has already been filed before the concerned Court.

4. At this stage, learned counsel for the applicant submits that the applicant is resident of Mukherjee Nagar and undertakes not to enter the jurisdiction of Bhalaswa Dairy, where the complainant currently resides or to make any attempt to approach her in any manner.

4. Keeping in view the aforesaid facts and circumstances and the import of decisions in Prathvi Raj Chauhan v. Union of India,AIRONLINE 2020

SC 225 and Shajan Skaria v. The State of Kerala & Anr.CRL. APPEAL NO.2622/2024, it is directed that in the event of arrest, the applicant be released on anticipatory 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. 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. 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. 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. the complainant or any other prosecution witnesses or tamper with the evidence.

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

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

6. 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. 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.

NOVEMBER 13, 2024/rd

MANOJ KUMAR OHRI, J