Himanshi v. Government Of NCT Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ HIMANSHI .....Petitioner Through:

Mr. Ashish Pandey with Mr. Piyush Merani, Mr. Pushkar Dwivedi, Mr.

Shubham Saxena, Mr.

Akshit Chauhan and Mr. Gauransh Vyas, Advocates.

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

Ms. Manjeet Arya, APP for the State with SI Ravi Poonia, P.S.: Dayalpur.

Mr. Anupam S. Sharma, Advocate alongwith the complainant.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 12.02.2025 By way of the present petition filed under section 438 of the Code of Criminal Procedure 1973, the petitioner seeks anticipatory bail in case FIR No. 391/2023 dated 27.05.2023 registered under sections 420/467/468/471/34/120B of the Indian Penal Code, 1860 at P.S.: Dayal Pur, Delhi.

2.

Vide order dated 09.08.2023, the Predecessor Bench had directed that subject to the petitioner joining investigation, no coercive steps shall be taken against her.

3.

Mr. Ashish Pandey, learned counsel appearing on behalf of the petitioner submits, that the petitioner joined investigation as and when she was called by the Investigating Officer ; that investigation in the matter is complete; and that chargesheet in the matter has been filed against the petitioner.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

In the circumstances, it is prayed that the petitioner be granted anticipatory bail.

5.

Ms. Manjeet Arya, learned APP appearing for the State confirms that investigation in the matter is complete and chargesheet has been filed against the petitioner. Learned APP however submits, that though the petitioner joined investigation as and when called, she did not 'cooperate' in the investigation. 6.

However, Ms. Arya states that the I.O. no longer requires the custodial interrogation of the petitioner.

7.

In view of the above, this court is inclined to allow the present petition, thereby directing that in the event of her arrest, the petitioner shall be admitted to bail by the I.O./Arresting Officer ('A.O') subject to the following conditions:

7.1. The petitioner shall furnish a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with 02 sureties in the like amount from family members to the satisfaction of the I.O./A.O.; 7.2. The petitioner shall furnish to the I.O. a cellphone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times; 7.3. If the petitioner has a passport, she shall surrender the same to the Investigating Officer and shall not travel out of the country without prior permission of this court;

7.4. The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

omission that is unlawful or that would prejudice the proceedings in the pending trial.

8.

The petition stands disposed-of in the above terms. 9.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 12, 2025 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.