Yogesh Thapa @ Yash v. State

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 81/2019 & CRL.M (B)58/2019 YOGESH THAPA @ YASH ..... Petitioner Through:

Mr. Atul Narayan & Mr. Jatin, Advocates versus STATE ..... Respondent Through:

Mr. Amit Chaddha, APP with SI Beena, PS:Malviya Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.07.2019 1.

Status report has been filed. Nominal Roll of the petitioner has been received.

2.

This is an application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 for grant of regular bail.

3.

Learned counsel for the petitioner submitted that all the public witnesses required to be examined on behalf of the Prosecution already stand examined by the Trial Court, which fact is admitted, on instructions, by the learned APP. 4.

Learned counsel for the petitioner further submitted that the petitioner has been in judicial custody since 11.12.2017 and his conduct in the jail is satisfactory, as per the Nominal Roll.

Learned counsel for the petitioner also submitted that the petitioner has been falsely implicated in the present case, even otherwise, the complainant has stated in the FIR that she had consensual sexual relationship with the petitioner and wants no action against him and there is no possibility of the petitioner influencing or prejudicing the trial, if he is released on bail at this stage.

5.

In view of the aforesaid facts and circumstances and taking into consideration the submissions of the learned counsel for the petitioner, I deem it appropriate that the petitioner be released on bail, subject to his furnishing a personal bond in the sum of Rs.25,000/-, with one surety of the like amount, to the satisfaction of the Trial Court. It is also directed that the petitioner shall not, in any manner, come in contact with the complainant. If there would be any complaint, the bail shall be liable to be cancelled. The petitioner shall also not do anything which may prejudice the prosecution witnesses in any manner. 6.

The bail application is disposed of. Pending application is also disposed of.

CHANDER SHEKHAR, J JULY 24, 2019 tp