Sumitra v. State Of NCT Of Delhi

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 514/2018 SUMITRA ..... Petitioner Through Mr. Satnarain Sharma, Mr. Atul Verma, Mr. Rajeev Bansal, Advs.

versus STATE OF NCT OF DELHI ..... Respondent Through Mr. Ashish Dutta, APP for State with SI Manoj Chahar, PS Mundka

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 19.03.2018 The status report has been submitted on behalf of the State inter alia stating to the effect that pursuant to the proceedings dated 06.03.2018, the applicant had joined the investigation and on interrogation she stated that she has studied till 12th and has no knowledge of handling of Ultra Sound Machine and also she has no Ultra Sound Machine with her and that the applicant is previously involved in two cases of similar nature in case FIR No. 77/17 u/s 3,4,5, 6 & 23 PC & PNDT Act and 201/120B of the Indian Penal Code, 1860 and FIR No. 461/15 PS Sushant Lok, Gurgoan, Haryana and that the custodial interrogation of the applicant is required for the recovery of the Ultra Sound Machine and arrest of the remaining accused persons.

On behalf of the applicant, reliance is placed on the proceedings in CRM-M-3195 of 2017 01.02.2017 of the Hon'ble High Court of Punjab and BAIL APPLN. 514/2018

Haryana in relation to the FIR No. 461/15 PS Sushant Lok, Gurgoan, Haryana submitting to the effect that it is an identical case which is also affirmed on behalf of the State that an affidavit of the Senior Officer in relation to the procedure adopted after the registration of the FIR has been called for and that aspect of applicability of the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and the purpose of investigation in relation thereto are under consideration in relation to the present applicant itself and a restraint against the State has been issued u/s 173 of the Code of Criminal Procedure, 1973 qua submission of a report.

Without any observation on the merits and demerits of the case, it is considered appropriate in the circumstances of the case that in the event of the arrest, the applicant is allowed to be released on bail subject to the applicant furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that she shall not leave the country without the permission of the learned Trial Court, shall not intimidate the witnesses in any manner, shall not tamper with the evidence, shall not make any contact with the complainant and shall not commit any offence whatsoever and shall join the investigation as and when required by the Investigating Agency and shall arrest the Investigating Agency in the recovery of the Ultra Sound Machine, if any, in her possession or in her knowledge. Copy of the order be given Dasti, as prayed.

ANU MALHOTRA, J MARCH 19, 2018/MK BAIL APPLN. 514/2018