Gurharan Bassi v. State (NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 3039/2024 GURHARAN BASSI .....Petitioner Through:

Mr. JK Sharma, Adv.

versus STATE (NCT OF DELHI) & ANR.

.....Respondent Through:

Ms. Priyanka Dalal, APP WSI Arti, PS Tilak Nagar

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 29.11.2024 1.

This is a petition filed under Section 438 of Cr.PC seeking anticipatory bail in the FIR No. 293/2024 registered at PS Tilak Nagar under Section 406/498A/354/354A/354B/509/376/511 of IPC. 2.

The petitioner is the father in law of the complainant. As per the FIR, the allegation by the complainant against the petitioner is that he has taken all jewellery items of the complainant. 3.

After the filing of the FIR, the complainant has also made further allegations in her statement recorded under Section 164 of CrPC. 4.

What weighed with the Court on 14.10.2024 was that there are allegations of sexual assault, but the same pertained to 08.01.2023, whereas the FIR was registered after 1 year 4 months. Hence, this Court granted interim protection to the petitioner subject to his joining investigation.

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

5.

I am informed that the petitioner has already joined investigation and is participating in the same.

6.

The FIR seems to be predicated on matrimonial issues. No satisfactory reasons have been given for 1 year 4 months delay in registration of the FIR.

7.

Keeping in view the aforesaid facts and circumstances of the present case, the present petition is allowed. It is directed that in the event of arrest, the petitioner be released on bail subject to his furnishing a personal bond in the sum of Rs. 10,000/- with one surety of like amount to the satisfaction of the concerned Investigating Officer and also subject to the following further conditions:- (i) At the time of furnishing bail bond, the petitioner shall provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial. (ii) The petitioner shall inform the concerned Investigating Officer about his current residential address. (iii) In case of change of residential addresses/contact details, the petitioner shall promptly inform the same to the concerned Investigating Officer/SHO.

(iv) The petitioner shall join the investigation as and when asked.

(v) The petitioner shall not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.

(vi) The petitioner shall regularly appear before the trial Court. (vii)The petitioner shall not leave the country during the bail The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

period without permission from the competent Court and surrender his passport, if any, at the time of release before the I.O. concerned.

(viii)The applicant shall not indulge in any criminal activity during the bail period;

8.

Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present petition.

9.

The petition is disposed of in the aforesaid terms. JASMEET SINGH, J NOVEMBER 29, 2024 / (MS) Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.