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High Court of DelhiBAIL APPLN./290/2018

Kailash Gupta v. The State Govt Of NCT Of Delhi & ANR

2018-02-05Hon'Ble Mr. Justice S.P.Garg2 pages

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 290/2018 KAILASH GUPTA ..... Petitioner Through :

Mr.L.G.Dass, Advocate with Mr.Abinash Mishra, Advocate.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through :

Mr.Ravi Nayak, APP with SI Ravi Kumar, Sadar Bazar.

Mr.Krishan Kumar, Advocate with Mr.Sunita Arora, Advocate for the complainant.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 05.02.2018 CRL.M.A.No.2190/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

BAIL APPLN. 290/2018 1.

The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.400/2014 registered under Sections 468/471/420/34 IPC at PS Sadar Bazar. Status report not filed. 2.

I have heard the learned counsel for the parties including the counsel for the complainant and have examined the file. The parties are related to each other. Several disputes are pending between the two.

3.

During the course of arguments, the petitioner's counsel, on instructions, offered to pay `7.80 lacs voluntarily to the complainant without prejudice and subject to future adjustment (if any). 4.

Considering the facts and circumstances of the case and the petitioner's offer to pay the alleged cheated amount `7.80 lacs to the complainant without prejudice and subject to future adjustment, he is granted anticipatory bail and in the event of arrest, he be released on furnishing personal bond in the sum of `40,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer. He shall, however, join the investigation as and when required. He shall pay `7.80 lacs to complainant within a week through Investigating Officer by way of Demand Draft in her name. This payment shall be without prejudice and subject to future adjustment. 5.

The bail application stands disposed of.

S.P.GARG, J.

FEBRUARY 05, 2018 / tr