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High Court of DelhiBAIL APPLN./101/2024

Pankaj Kumar v. The State NCT Of Delhi & ANR.

2024-05-03Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 101/2024 PANKAJ KUMAR ..... Petitioner Through:

Petitioner with his counsel Dr. A P Singh, Ms. Pratima Rani, Ms. Richa Singh, Ms. Geeta Chauhan, Mr. Suraj Singh & Mr. Nihal Shekhawat, Advocates.

versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with Ms. Surbhi Aggarwal, Mr. Priyanshu Gupta & Mr. Kamlesh Vikrant Sing Nagar, Advocates along with SI Divya, P.S. Nihal Vihar.

Complainant with her counsel Mr.

Lalit Sharma and Mr.

Jitender Sharma, Advs.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 03.05.2024 1.

The instant application under Section 438 of the Code of Criminal Procedure, 1973 („Cr.P.C‟) has been filed on behalf of petitioner seeking grant of anticipatory bail in case FIR bearing no.1372/2023, registered at Police Station Nihal Vihar, Delhi for offences punishable under Sections 376-D/328/377/506/34 of Indian Penal Code, 1860 („IPC‟). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

Issue notice. Mr. Naresh Kumar Chahar, APP accepts notice on behalf of the State.

3.

It is stated that the matter has been amicably settled between the parties on 02.05.2024. Though the copy of the same is yet to be received officially by this Court but learned counsel for the petitioner has placed the photocopy of the settlement agreement.

4.

The complainant is present in Court today. The petitioner appears through V.C.

5.

This Court has gone through the settlement agreement wherein in para 5 it has been mutually decided that the petitioner herein shall pay a sum of Rs.2 lakhs by way of Demand Draft to the complainant at the time of grant of bail and she will have no objection to the grant of anticipatory bail to the present applicant Pankaj Kumar. Rest of the terms of the settlement agreement will be acted upon as per the settlement agreement. The mediation agreement be placed on record.

6.

Accordingly, DD No.004783 in the sum of Rs.2 lakhs drawn on IDBI Bank, Khasra No.10/21, Kanha Complex, Main Nangloi-Najafgarh Road, Nangloi, Delhi-110041 has been handed over to the complainant who states that she has no objection if the anticipatory bail is granted to the present petition.

7.

Accordingly, it is directed that in the event of arrest, the petitioner be admitted to bail on furnishing bail bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the concerned I.O./Arresting Officer and subject to the following conditions:- i) The petitioner shall join investigation as and when called by the I.O.

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

ii) The petitioner shall remain available on mobile numbers; shared by him with the Police.

iii) The petitioner shall not leave the country without prior permission of the concerned IO/SHO.

iv) The petitioner shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner. v) In case of change of residential address/contact details, the petitioner shall promptly inform the same to the concerned I.O/SHO. 8.

The application stands disposed of.

9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 03, 2024/A 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.