Arpit Gupta v. State

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3111/2019 & Crl.M.A. 42882/2019 ARPIT GUPTA ..... Petitioner Through:

Mr. Rajesh Anand, Mr. Gaurav Adlakha & Mr. Sushil Kumar Jain, Advocates

Versus

STATE ..... Respondent Through:

Mr. G.M.Farooqui, Additional Public Prosecutor for State with SI Sandeep Mathur Complainant in person.

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 17.12.2019 Petitioner is seeking anticipatory bail in FIR No. 507/2019, under Section 120 IPC, registered at police station Mangolpuri, Delhi on the ground that subject matter of this FIR stands amicably resolved through Delhi High Court Mediation and Conciliation Centre. Learned counsel for the petitioner submits that during hearing of petitioner's earlier application [Bail.Appln.1560/2019], the matter was referred to Delhi High Court Mediation and Conciliation Centre, where the subject matter of this FIR stands amicably resolved in terms of Settlement Agreement of 15th July, 2019.

Notice.

Mr. G.M. Farooqui, learned Additional Public Prosecutor for State, accepts notice and submits that complainant of FIR in question is present in the Court and he has been duly identified by the Investigating Officer of this case. However, complainant has not been impleaded in this application.

Learned counsel for petitioner submits that complainant will be arrayed in this application and Amended Memo of Parties shall be filed within two days.

Let petitioner file Amended Memo of Parties impleading complainant of FIR in question within two days. Learned counsel for petitioner submits that resolved in terms of Settlement Agreement of 15th July, 2019, a sum of Rs.30,000/- stands already paid to the second respondent/complainant and today, the balance amount of Rs.4,00,000/- by way of two demand drafts amounting to Rs.2,34,000 and Rs.1,66,000/- each have been handed over to complainant, who has accepted the same.

The complainant, present in the Court, submits that the total amount of Rs.4,30,000/- stands paid to him and he will not press for payment of double the amount, as stipulated in the Settlement Agreement of 15th July, 2019, from the petitioner. Complainant, however, submits that petitioner be directed to join and cooperate in the investigation of FIR in question.

Learned counsel for petitioner on instructions undertakes that petitioner will join and cooperate in the investigation. In view of the afore going narration, subject to petitioner joining and cooperating in the investigation, in the event of arrest petitioner be

admitted to bail subject to his furnishing bail bond in the sum of ₹25,000/- with one local surety in the like amount to the satisfaction of Investigating Officer concerned.

With aforesaid directions, this application is disposed of. Dasti.

BRIJESH SETHI, J DECEMBER 17, 2019 r