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High Court of DelhiBAIL APPLN./65/2024

Surender Singh Alias Sonu v. State Gnct Of Delhi

2024-03-19Hon'Ble Mr. Justice Navin Chawla4 pages

$~12 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI (12)+ BAIL APPLN. 65/2024 SURENDER SINGH ALIAS SONU ..... Petitioner Through:

Mr.Omkar Sharma, Mr.Ghanshyam Sharma & Mr.Pusphander Kumar, Advs.

versus STATE GNCT OF DELHI ..... Respondent Through:

Mr.Aman Usman, APP.

SI Bindu & Insp. Harkesh Meena, PS Mahindra Park, Delhi.

Ms.Naiem T.

Heena & Mr.Rajkumar, Advs. for the complainant.

(13)+ BAIL APPLN. 181/2024 SHEETAL ..... Petitioner Through:

Mr.Omkar Sharma, Mr.Ghanshyam Sharma & Mr.Pusphander Kumar, Advs.

versus STATE GNCT OF DELHI ..... Respondent Through:

Mr.Aman Usman, APP.

SI Bindu & Insp. Harkesh Meena, PS Mahindra Park, Delhi.

Ms.Naiem T.

Heena & Mr.Rajkumar, Advs. for the complainant.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 19.03.2024 1.

These applications have been filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking Anticipatory Bail for the applicants in FIR No. 0973/2023 registered at Police Station: Mahendra Park, North West, Delhi under Sections 376/506 of the Indian Penal Code, 1860 (in short, 'IPC'). Later, during the course of investigation, offence under Sections 323/120B/420/109 of the IPC were also added.

2.

Interim protection was granted to the applicants vide the order dated 05.01.2024 passed by this Court.

3.

The primary allegation against the applicants is that they, along with the co-accused, had pressurized the victim to give an amount of Rs.22,00,000/- to the co-accused Mr. Balwinder Singh by coaxing the victim that this money will be given by Mr. Balwinder to his wife so as to get divorce from her.

4.

Status Report dated 14.03.2024 has been filed. It states that applicants joined the investigation, and on 25.11.2023, the chargesheet has been filed. One of the co-accused- Balwinder is already in custody, while his mother Rekha is still absconding. 5.

The learned counsel for the victim submits that the recovery of the amount that was paid to the main accused- Balwinder is to be made. She further submits that one of the main accused, that is, Rekha, is absconding.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

I have considered the submissions made by the learned counsels for the parties.

7.

Keeping in view the nature of the allegations made against the applicants and also the fact that the charge-sheet has already been filed, in my view, the applicants have been able to make out a case for the grant of anticipatory bail.

8.

Accordingly, it is directed that in the event of arrest in the FIR No. 0973/2023 registered at Police Station: Mahendra Park, North West, Delhi under Sections 376/506/323/120B/420/109 of the IPC, the applicants shall be released on bail subject to furnishing a personal bond in the sum of Rs.25,000/- (each) with one local surety (each) of the like amount to the satisfaction of the learned Trial Court, and further subject to the following conditions:

(i) that the Applicant(s) shall not leave NCT of Delhi without intimating the learned Trial Court;

(ii) that the Applicant(s) shall not, directly or indirectly, try to contact/influence the complainant/victim or any other witness(s) or tamper with evidence of the case;

(iii) that the Applicant(s) shall furnish his/her mobile phone/landline number and residential address to the IO/SHO concerned, and in the event of any change of the same, will immediately inform the same to the IO/SHO; and, (iv) that the Applicant(s) shall not indulge in any criminal activity.

9.

Needless to state, any observation touching upon the merits of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the case is purely for the purposes of deciding the question of grant of Anticipatory Bail and shall not be construed as an expression on the merits of the matter.

10.

The Applications are disposed of in the above terms. NAVIN CHAWLA, J MARCH 19, 2024/rv/RP Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.