Kailash Chandra v. State & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 58/2020 KAILASH CHANDRA ..... Petitioner Through: Mr. Saurabh D. Karan Singh, Advocate with Mr. Inder Nath Jha, Advocate

Versus

STATE & ANR ..... Respondents Through: Ms. Manjeet Arya, APP for State with ASI Mithlesh Rai, P.S. Fatehpur Beri

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 13.01.2020 1.

The present bail application has been filed seeking anticipatory bail in FIR No. 278/2019 under Sections 420/406, registered at Police Station Fatehpur Beri, Delhi.

2.

Learned counsel for the petitioner submits that the complainant has already reached an agreement of settlement with the co-accused, Ramesh Chand vide MoU/settlement dated 10.01.2020. He has also referred to the order of the trial court dated 10.01.2020 in the bail application of the coaccused where the aforesaid factum of MoU entered into between the complainant and the co-accused has been mentioned. It has further been mentioned that in terms of MoU out of the total settlement amount of Rs.32,00,000/-, an amount of Rs.7,00,000/- has already been paid and the remaining amount is to be paid in installments as per the scheduled attached to the MoU.

BAIL APPLN. 58/2020

3.

Learned APP for the State, on instructions from the Investigating Officer, confirms that the aforesaid MoU has been entered between the complainant and co-accused.

4.

A copy of the order dated 10.01.2020 and MoU are taken on record. 5.

In view of the above, it is directed that in the event of arrest, 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 I.O./S.H.O. and subject to the following conditions :- (i) The petitioner shall join investigation as and when he is asked to do so.

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promises to the complainant or any witness during the trial or tamper with the evidence. (iii) The petitioner shall provide the I.O./S.H.O. Police Station Fatehpur Beri, Delhi with his mobile number and in the event of change of his residential address, shall inform the same to the I.O./SHO as well as to the concerned Court.

6.

With the above directions, the bail application is disposed of. DASTI.

MANOJ KUMAR OHRI, J JANUARY 13, 2020/p'ma BAIL APPLN. 58/2020