Saroj Devi v. The State

$~73 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2391/2019 SAROJ DEVI ..... Petitioner Through:

Ms.Vagisha Kochar, Adv.

versus THE STATE ..... Respondent Through:

Mr.Tarang Shrivastava, APP for State.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 23.09.2019 Crl. M.A. 36491/2019 Allowed, subject to all just exceptions.

Application is disposed of.

Bail Appln.2391/2019 Vide the present application, the applicant/accused seeks anticipatory bail in the event of her arrest in FIR No. 373/2019 registered at Police Station - Narela for the offences punishable under Sections 279/337 IPC and sections 33/58 of Delhi Excise Act, 2009.

It is not in dispute that co-accused was arrested on 21.08.2019 and in his disclosure statement, he disclosed that he was working for the applicant. As per the prosecution case, notice under section 41A Cr.P.C. was served upon the applicant on 27.08.2019 and on the said date, the applicant approached the police station and stood surety for the co-accused/owner of

the vehicle involved in the present case.

There is no explanation as to why the applicant was not arrested on or before 27.08.2019 when the applicant approached the police station and stood surety for co-accused.

Keeping in view the facts and circumstances of the case, this Court is of the considered view that the present case is fit for anticipatory bail. The IO concerned, is hereby directed that in the event of arrest, the applicant be released on bail on the following terms and conditions:- (i) That the petitioner shall furnish a personal bond in the sum of ₹25,000/- with one surety of the like amount subject to the satisfaction of IO concerned;

(ii) That the petitioner shall cooperate with the investigation and make herself available for interrogation by police officer, as and when required;

In case of default of aforementioned conditions, the State is at liberty to take appropriate recourse in accordance with law. Application stands allowed and disposed of.

Order dasti under signatures of the Court Master. SURESH KUMAR KAIT, J SEPTEMBER 23, 2019 ab