Chanderpal v. State NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 960/2019 CHANDERPAL ..... Petitioner Through:

Mr K. Singhal and Ms Shanta, Advocates.

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

Ms Kusum Dhalla, APP for State.

SI Ravi Kumar, PS Karawal Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.10.2019 1.

The petitioner has filed the present petition, inter alia, praying that he be released on bail in connection with FIR No. 355/2016 under Sections 498A/304B/34 of the IPC registered with P.S. Karawal Nagar. 2.

It is contended that all witnesses for the prosecution have been examined and there is no possibility of the petitioner influencing any of them.

3.

Ms Dhalla, learned APP, confirms that the address of the petitioner has been verified.

4.

The learned counsel appearing for the petitioner submits that the petitioner is required to prepare for his defence and is severely handicapped from doing so in view of the fact that he has been incarcerated. 5.

It is seen that the petitioner is the father-in-law of the deceased victim. Although the offence alleged against the petitioner is a serious one and prima facie, sufficient material has been placed on record to establish the same; nonetheless, this Court is of the view that the present petition ought to

be allowed considering that (a) the petitioner has been in custody for more than three years; (b) all witnesses for the prosecution have been examined and there is little possibility of the petitioner influencing the trial, and; (c) the petitioner requires to be afforded full opportunity to prepare for his defence.

6.

In view of the above, it is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹1,00,000/- with one surety of an equivalent amount to the satisfaction of the concerned Trial Court. This is also subject to the petitioner complying with the further following conditions:

(a) The petitioner shall not leave the National Capital Territory of Delhi and shall report to the concerned SHO on every Monday of the calendar week at 10:30 a.m.

(b) The petitioner shall not directly or indirectly try to contact the family members of the deceased victim.

(c) The petitioner shall furnish his mobile number to the concerned SHO and ensure that he is reachable at all times. 7.

The petition is allowed in the aforesaid terms. 8.

It is clarified that none of the observations made in the present order shall influence the Trial Court in examining the matter on merits. 9.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J OCTOBER 30, 2019/RK