Gulshan v. State

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2001/2019 GULSHAN ..... Petitioner Through: Mr. Suraj Kumar Sharma, Advocate versus STATE ..... Respondent Through: Ms. Radhika Kolluru, APP for State with SI Sandeep Kumar, P.S. Narela

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.02.2020 1.

The present bail application has been filed under Section 439 Cr.P.C. seeking regular bail in FIR No.417/2016 under Sections 21/29/61/85 of NDPS Act and Sections 174A IPC, registered at Police Station Narela, Delhi.

2.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and she is in custody since 09.04.2019. He submits that the present case was registered on the receipt of secret information. He further submits that small quantity of 8 gm of smack have been recovered from the co-accused and they have already been released on bail. He also submits that nothing has been recovered from the present petitioner and besides the disclosure statement of the co-accused there is no other material against the petitioner.

3.

Learned APP for the State, on the other hand, has vehemently opposed the bail application. She submits that the petitioner is involved in one more case being FIR No. 887/15 registered under Sections 323/354B/451/34 IPC, P.S. Narela, Delhi.

BAIL APPLN. 2001/2019

4.

In view of the facts and circumstances of the case and the fact that the petitioner is in custody since 09.04.2019 and the small quantity of smack has been seized from the co-accused who have already been released on bail, the petitioner is admitted to bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the trial court and subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promises to the complainant or any witness during the trial or tamper with the evidence. (ii) The petitioner shall provide the I.O./SHO Police Station Narela, Delhi with her mobile phone number and in the event of change of her residential address, shall inform the same to the concerned I.O./SHO.

(iii) The petitioner shall not leave the jurisdiction of the National Capital Territory of Delhi without prior permission of the concerned Court.

(iv) The petitioner will remain regularly present before the Trial Court.

5.

With the above directions, the bail application is disposed of. DASTI.

MANOJ KUMAR OHRI, J FEBRUARY 07, 2020 na BAIL APPLN. 2001/2019