Ravi Kant Prabhakar v. State (Govt. Of NCT Of Delhi)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 331/2017 RAVI KANT PRABHAKAR ..... Petitioner Through:

Mr. Viraj R Datar & Ms. Smrati Chaturvedi, Advocates.

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

Mr. Akshai Malik, APP along with SI Bhagat Singh, PS Ashok Vihar, for the State.

Mr. Jagdish Chandra, Advocate for the complainant.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 27.02.2017 Status report has been tendered in court and taken on record. Learned counsel for the complainant is also present.

I have heard learned counsel for the parties. Learned counsel for the petitioner submits that the petitioner with a view to show his bona fide - without prejudice to rights & contentions and defence of the petitioner and without it constituting an admission on his part, is ready & willing to deposit with the complainant an amount of Rs.3.5 Lakhs. He submits that the petitioner has already filed a civil suit against the complainant for recovery of over Rs.68 Lakhs, and a complaint, and the

said deposit shall be made without prejudice to the rights & contentions and claim of the petitioner in the said suit/ complaint. In the present case, the petitioner has been in judicial custody since 11.06.2016. The allegations pertain to an offence under Section 420/ 468/ 471/ 120B IPC. The charge-sheet already stands filed. The co-accused has already been released on bail.

In these circumstances, the application is allowed subject to the petitioner depositing with the complainant an amount of Rs.3.5 Lakhs without prejudice to the rights & contentions, and defence of the petitioner in the present case, in the civil suit and in the complaint case filed by the petitioner against the complainant herein, within two days. The appellant is directed to be released on bail, subject to:

(i) his furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the Trial Court; (ii) he shall provide his mobile number at the time of his release to the Trial Court, which shall be kept in working condition at all times and shall not be changed without prior intimation to the Court; (iii) he shall not try to influence the witnesses or tamper with the evidence; (iv) he shall not leave the country without prior permission of the Court; and (v) he shall attend every date of hearing in the case. Dasti.

VIPIN SANGHI, J FEBRUARY 27, 2017 B.S. Rohella