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High Court of DelhiBAIL APPLN./1856/2020

Gaurav Sharma v. State (Gnct Of Delhi)

2020-08-20Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1856/2020 GAURAV SHARMA ..... Petitioner Through Mr. Yogesh Sharma, Adv.

versus STATE (GNCT OF DELHI) ..... Respondent Through Mr. Izhar Ahmad, APP for State Mr. Kushal Sharma, Adv. for R2/complainant

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 20.08.2020 The hearing has been conducted through video conferencing. 1.

The present petition has been filed by the petitioner under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.0434/2019, for the offences punishable under Sections 408 IPC, registered at Police Station Karol Bagh.

2.

Learned counsel for petitioner on 23.07.2020 submitted that he is ready to settle the dispute with the complainant and the complainant agreed to settle the present petition on receipt of Rs.23 lacs lumpsum amount. 3.

Learned counsel for complainant on instruction submits that if the petitioner is ready to pay the said amount, he is ready to get quashed the FIR against the petitioner. It is agreed between the parties before this Court that petitioner shall pay an amount of Rs.5 lacs on or before 30.11.2020 in favour of respondent no.2/complainant through cheque. Thereafter, he shall continue to pay an amount of Rs.1 lac on the last date of every calendar month from BAIL APPLN. 1856/2020

December, 2020 continuously for 18 months. Petitioner is directed to issue 18 cheques for rupees one lac each in favour of respondent no.2 within one week. It is made clear that that on default of any instalment, liberty is granted to respondent no.2 to move application before this Court to get the anticipatory bail cancelled. It is agreed by the learned counsel for respondent no.2/complainant that on receipt of complete amount from the petitioner, he would not like to proceed against the petitioner and would get FIR quashed. 4.

In view of above facts, I am of the view that the petitioner deserves anticipatory bail.

5.

Accordingly, the SHO/Arresting Officer/IO concerned is hereby directed that in the event of arrest, the petitioner/applicant shall be released on furnishing a personal bond in the sum Rs.25,000/-. ..............as and when.......

6.

The petition is allowed and disposed of.

7.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email. SURESH KUMAR KAIT, J AUGUST 20, 2020/ms BAIL APPLN. 1856/2020