Simmi Mewati v. The State Govt Of NCT Of Delhi

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3549/2024 SIMMI MEWATI .....Petitioner Through:

Mr. Sachin Sharma, Advocate.

versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Aashneet Singh, APP for State with Mr. Sahil Arora, Mr. Vishwajeet Singh, Ms. Ritu Kapoor Arora, Mr. Vijay Pratap Singh, Ms.Priyanka Mishra, Advocates with SI Devraj P.S. Jaitpur, Delhi Mr.Kamran Malik, Advocate for complainant

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 03.10.2024

O R D E R

CRL.M.A. 29736/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

BAIL APPLN. 3549/2024 1.

By way of the present application, the petitioner/applicant seeks anticipatory bail in FIR No.0365/2024 registered under Sections 329(4)/331(3)/305/351(3)/61(2)/3(5) BNS at P.S. Jaitpur, Delhi. 2.

Learned counsel for the applicant submits that the applicant is a married woman and has to look after her three-year old son. It is further submitted that the ownership documents of the subject property are in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

name of the applicant's husband, who is in the custody. He further submits that at the time of passing of the impugned order, the only allegations made out against the applicant is of stealing an iron gate and window. Lastly, he submits that the applicant has joined the investigation. 3.

Issue notice.

4.

Learned APP for the State, who is duly assisted by learned counsel for the complainant, accepts notice. Learned APP for the State, on instructions, submits that as of now, the investigation is being carried out with respect to the offences mentioned under the aforesaid sections. He, however, on instructions, also confirms that the applicant has joined the investigation. 5.

Considering the fact that the subject property is concededly in the name of the applicant's husband for which the investigation has been carried so far, it is directed that in the event of arrest, the applicant be released on bail subject to her furnishing a personal bond in the sum of ₹25,000/ - with one surety of like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:- (i) At the time of furnishing bail bond, the applicant shall provide the mobile number, which she undertakes to keep operational at all times during the pendency of the trial. (ii) The applicant shall join the investigation as and when asked for and cooperate the same.

(iii) The applicant shall inform the concerned Investigating Officer about her current residential address. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(iv) In case of change of residential addresses/contact details, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO.

(v) The applicant 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 applicant shall regularly appear before the trial Court as and when the charge-sheet is filed.

6.

The application is disposed of in the above terms. 7.

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 anticipatory bail application. MANOJ KUMAR OHRI, J OCTOBER 3, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.