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High Court of DelhiBAIL APPLN./210/2017

Smt Rekha v. State (Govt Of NCT Of Delhi)

2017-05-03Hon'Ble Mr. Justice R.K.Gauba2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 210/2017 SMT REKHA ..... Petitioner Through:

Mr.Sunil Kumar with Mr.A.K. Singh Advs.

versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through:

Mr.Akshai Malik, APP for State.

Mr.Vikrant Goyal, Adv. for complainant.

SI Yashpal Singh, PS Geeta Colony.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 03.05.2017 Status report has been filed.

Heard.

The case diary has also been perused. The case presently under investigation against the appellant arises out of an FIR No.375/2016 under Sections 381/408/34-IPC registered at PS Geeta Colony, Delhi. The allegations have been made against the applicant, her husband Sanjay Kumar and her husband‟s brother Tek Chand, all stated to have been employees of the complainant Rozy Datta who was running a company in the name & style of M/s. Rajshree International. It appears that the allegations involved theft of cash of Rs.5 lakhs besides mis-appropriation of certain goods and funds of the complainant company. On being asked, learned APP fairly concedes that there is no proof of the applicant being herself involved in the theft of cash. The husband and his brother Tek Chand were earlier arrested and a charge-sheet against them has been filed in the BAIL APPLN. 210/2017

Court of Metropolitan Magistrate. The evidence thus far collected seems to indicate the cash inflow worth more than Rs.1 lakh having come into account of the applicant by banking transfer which she would be called upon to account for. The applicant was granted interim protection vide order dated 02.02.2017. The status report indicates that during the period thereafter the applicant joined investigation.

In these circumstances, also having regard to the fact that the applicant has three minor children to look after, her husband being in Jail, the application is allowed. It is directed that in the event of she being arrested she shall be released on bail on furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the IO subject to the conditions that he shall continue cooperating with the investigation and join the same as and when called upon to do so and shall not come in contact with or try to influence any of the witnesses connected to the case.

It is made clear that this order will inure only till the date of first appearance of the petitioner in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against her by the court of cognizance.

Dasti.

R.K.GAUBA, J MAY 03, 2017/neelam BAIL APPLN. 210/2017