Yashpal v. The State (NCT) Of Delhi

$~A-8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 993/2020 YASHPAL ..... Petitioner Through Mr.V.P.Rana, Adv.

versus THE STATE (NCT) OF DELHI ..... Respondent Through Ms.Manjeet Arya, APP for State Mr.Abhay Kumar, Adv. for TPDDL.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 23.06.2020 1.

This hearing is conducted through video-conferencing. 2.

This application is filed under section 438 Cr.P.C. for grant of anticipatory bail in FIR No.108/2020 registered under section 135 of Electricity Act on 26.02.2020 at P.S. Aman Vihar, Delhi. 3.

It is the case of the petitioner that the allegation in the FIR is that the electricity theft by way of direct connection through open wire has been indulged. It is pleaded that there is no electricity theft and the alleged act is a manipulated act of the respondent.

4.

I have heard learned counsel for the parties. 5.

At the outset, learned counsel for the petitioner submits that to show the bona fides of the petitioner, the petitioner will deposit a sum of Rs.3 lakhs without prejudice to his rights and contentions with the respondent electricity company TPDDL within two weeks from today. He further states that the petitioner has no connection with the alleged acts and was not using the electricity.

6.

Learned counsel for TPDDL opposes the present application.

7.

In facts and circumstances of this case, in case, the petitioner is arrested, he shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the IO/SHO, subject to following conditions:

(i) He will provide his mobile number to the SHO, P.S. Aman Vihar, Delhi, which shall be kept in working condition at all times and shall not be changed; (ii) He will not leave the jurisdiction of the National Capital Territory of Delhi without prior permission of the concerned court;

(iii) He shall not directly or indirectly make any inducement, threat or promises to any witness during the investigation or trial or tamper with the evidence.

(iv) He will join the investigation as and when required by the IO.

(v) The petitioner shall appear before the concerned court on all occasions.

8.

A copy of this order be sent by the Registry by e-mail to the concerned trial court for information and necessary compliance. 9.

Nothing stated hereinabove shall tantamount to an expression of any opinion on the merits of the case.

10.

With the above directions, the application is disposed of. JAYANT NATH, J.

JUNE 23, 2020/v