Umesh Mishra v. State (Govt. Of NCT Of Delhi)
$~A-1 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 859/2020 SHRI UMESH MISHRA ... Petitioner Through:
Mr.Varun Dhingra, Adv.
versus STATE (GOVT OF NCT OF DELHI) ... Respondent Through:
Mr.Ravi Nayak, APP for the State with SI Geeta Yadav, P.S.Sultan Puri.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
O R D E R
% 02.06.2020 1.
The hearing has been conducted via video-conferencing. 2.
This bail application is filed under section 439 Cr.P.C. on behalf of the petitioner for grant of bail.
3.
The case of the petitioner is that the complainant had made allegations against the accused/petitioner and filed a case for cruelty, dowry, unnatural sex, criminal intimidation and breach of trust etc. An FIR No.186/2019, PS Sultanpuri, under sections 498A/ 406/ 376/ 377/ 506/ 354/ 34 and section 4 of the Dowry Prohibition Act against the present accused/petitioner including his father Sh.Ramanand Mishra and other family members was lodged.
4.
The charge-sheet has been filed. The petitioner and Sh.Ramanand Mishra had filed a bail application before the learned MM, North-West, Rohini, which was dismissed on 06.07.2019. The petitioner and his father were taken into custody thereafter.
5.
The petitioner has been in custody since 06.07.2019.
6.
The father of the petitioner Sh.Ramanand Mishra was granted bail on 23.01.2020 by this court.
7.
Learned counsel for the petitioner submits that the charges against the petitioner are false. He also submits that all other co-accused, namely, the father, mother and two sisters of the petitioner have already been granted bail.
8.
The investigation is complete. The petitioner is in custody since 06.07.2019.
9.
Looking into the totality of the facts and circumstances of the case and the fact that the petitioner is in custody since 06.07.2019, and the father of the petitioner who was charge-sheeted for offences including section 376 IPC has been granted bail by this court vide order dated 23.01.2020, without commenting on the merits of the case, the petitioner is admitted to bail on 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/duty magistrate and subject to following conditions: (i) 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. (ii) The petitioner shall provide the I.O./S.H.O. Police Station Sultan Puri, 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.
(iii) The petitioner shall not leave the jurisdiction of the National Capital Territory of Delhi without prior permission of the concerned Court.
(iv) The petitioner shall remain regularly present before the Trial
Court.
10.
A copy of this order be sent by the Registry by e-mail to the trial court for information and necessary compliance. 11.
A copy of this order will also be sent by the Registry by e-mail to the Jail Superintendent, Tihar for information and necessary compliance. 12.
With the above directions, the bail application is disposed of. JAYANT NATH, J.
JUNE 02, 2020/v