Neeresh Kumari v. The State (Govt. Of NCT Of Delhi)
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1126/2023 NEERESH KUMARI ..... Petitioner Through:
Mr. Amit Srivastava, Ms. Preeti Srivastava and Ms. Uzma, Advocates versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through:
Ms. Richa Dhawan, APP for State with ASI Suresh Kumar, PS: Rani Bagh.
Mr. Jawahar Chawla, Advocate for Complainant.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 22.04.2024 1.
This is an application preferred on behalf of applicant Neeresh Kumari W/o Sh. Suraj Singh under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No.64/2023 dated 24.02.2023 under Sections 420/467/468/ 471/120B IPC registered at PS: Rani Bagh.
2.
During the pendency of the present application, applicant along with her husband has entered into an amicable settlement with the complainant/SBI before the Delhi High Court Mediation and Conciliation Centre and a Settlement Agreement has been executed on 14.12.2023, whereby the terms of repayment of the balance loan amount due to SBI i.e. Rs.10,09,201/- have been formulated. Settlement Agreement has been placed on record in connected BAIL APPLN. No. 2362/2023 filed by applicant's husband Suraj Singh, wherein vide separate order passed by this Court today, regular bail has been granted to him. BAIL APPLN. 1126/2023 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
In view of the settlement between the parties, learned counsel appearing for the State Bank of India/complainant and the learned APP appearing for the State submit that they have no objection to the interim protection granted to the applicant vide order dated 11.04.2023 being confirmed. Mr. Chawla, learned counsel for the complainant further states that an amount of Rs.3 lacs was deposited by the applicant pursuant to order dated 11.04.2023 in SBI Loan Account at JNU on 04.09.2023 and the amount has been adjusted. Therefore, no further order is required to be passed on this aspect.
4.
In view of the settlement between the parties, which needless to state shall bind them and the stand of counsel for the complainant that SBI has no objection to the anticipatory bail being granted to the applicant, the application is allowed and interim protection granted vide order dated 11.04.2023 is made absolute. It is directed that in the event of arrest, applicant shall be released on bail, subject to furnishing a personal bond in the sum of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the concerned Investigating Officer and further subject to the following conditions:- i.
Applicant shall not leave the country without prior permission of the Trial Court;
ii.
She shall furnish her mobile number to the IO and keep the same active at all times and shall not change the mobile number without prior intimation to the IO and the Trial Court; iii.
She shall furnish her current residential address to the IO and intimate any change in the same to the IO and the Trial Court by way of an affidavit;
BAIL APPLN. 1126/2023 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
iv.
She shall not, directly or indirectly, indulge in any illegal activity or make any inducement, threat or promise to any person associated with the case including the Complainant; and v.
She shall appear before the Trial Court on the dates of hearing and/or for any further investigation, as and when directed by the IO.
5.
Application stands disposed of in the aforesaid terms, making it clear that this Court has not expressed any opinion on the merits of the case. JYOTI SINGH, J APRIL 22, 2024/kks/shivam BAIL APPLN. 1126/2023 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.