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High Court of DelhiBAIL APPLN./876/2024

Vicky@Gatha v. The State NCT Of Delhi

2024-03-11Hon'Ble Mr. Justice Amit Sharma3 pages

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 876/2024 VICKY@GATHA ..... Petitioner Through:

Mr. Dinesh Rohilla, Mr. Amit Atal, Mr. Rohan Akarnia, Mr. Sunny Kangra, Ms. Anushka Gupta & Mr.

D.D. Gupta, Advocates.

versus THE STATE NCT OF DELHI ..... Respondent Through:

Mr. Amit Ahlawat, APP for the State with Insp. Rahul Kumar, P.S. Subzi Mandi.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 11.03.2024 CRL.M.A. 7627/2024(Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

The application is accordingly disposed of.

BAIL APPLN. 876/2024 3.

The present application under Section 439 read with Section 482 of the Cr.P.C. seeks interim bail in case FIR No. 304/2022, under Sections 367/323/342/506/370(1)(3)/34 of the IPC & 67A of IT Act, registered at P.S. Subzi Mandi, on grounds of marriage of the applicant's younger brother, which is scheduled for 12.03.2024 at Dada Bhaiya Temple, Village Kundli, District Sonipat, Haryana, Pin-131028. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel appearing on behalf of the applicant submits that the marriage of the younger brother of the applicant is scheduled for 12.03.2024 and apart from his mother, there are no male siblings, who can perform the necessary ceremonies. It is further submitted that earlier too, the applicant had been enlarged on interim bail and without misusing the liberty granted to him, he duly surrendered on time.

5.

Learned APP for the State, on instructions, submits that the applicant has an uncle and cousin brother, who can perform the necessary ceremonies for the marriage of the younger brother of the applicant. It is further pointed out that the applicant has been granted custody parole by the learned Trial Court vide order dated 06.03.2024 for 12.03.2024 for 6 hours, i.e., from 5:30 p.m. till 11:30 p.m.

6.

In view of the fact that the marriage of the younger brother of the applicant is scheduled for 12.03.2024 and also the fact that he had been released on interim bail on previous occasion, this Court deems fit to release the applicant on interim bail for 03 days from the date of his release on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety of like amount to the satisfaction of concerned Jail Superintendent, further subject to following conditions:

i) The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.

ii) The applicant shall provide his mobile number to the Investigating Officer concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned.

iii) The applicant shall not indulge in any criminal activity and shall not The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

communicate with or come in contact with any of the witnesses. 7.

Upon expiry of a period of 03 days as stated above, the applicant shall surrender before the Jail Superintendent.

8.

The petition is allowed and disposed of accordingly. 9.

Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance.

10.

Order be given dasti under signatures of the Court Master. 11.

Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J MARCH 11, 2024/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.