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High Court of DelhiBAIL APPLN./657/2016

Punita v. State Govt Of NCT Delhi

2016-03-29Hon'Ble Mr. Justice Suresh Kumar Kait3 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PUNITA ..... Petitioner Represented by:

Mr. Prashant Manchanda, Mr. Montu and Mr. Lovish Sharma, Advocates.

Versus

STATE GOVT OF NCT DELHI ..... Respondent Represented by:

Mr.Ashish Dutta, Additional Public Prosecutor for the State with SI Ritesh, P.S. Crime Branch.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

O R D E R

% 29.03.2016 The present case is received on transfer.

CM No.5120/2016 (for exemption) Exemptions allowed, subject to all just exceptions. The application stands disposed of.

1.

Vide the present petition, the petitioner seeks directions thereby to release her on bail in case bearing FIR No.41/2015 registered at Police Station Crime Branch, Delhi, for the offences punishable under Sections 419/420/467/468/471/120-B IPC.

2.

Notice issued.

3.

Mr.Ashish Dutta, learned Additional Public Prosecutor accepts notice on behalf of the State and on instructions of SI Ritesh, who is present in Court, submits that in the racket 22 schools are involved, investigations have been carried qua one school, namely, Bal Bharti Public School and that the investigation with respect to other schools will take substantial time. 4.

Learned APP further submits that in the racket, till date around 150 accused have been arrested and they all have been released on bail except the present petitioner. He opposed the instant application on the ground that the petitioner is an influential person and she may hamper with the investigation if released on bail.

5.

It is noted that for the same relief, the petitioner earlier approached this Court vide Bail Application No.2333/2015, which was dismissed by this Court on 30.11.2015 on the ground that the investigation was not completed by that time qua Bal Bharti School. 6.

Admitted facts of the case are that three family members including the petitioner are involved in this case, daughter of the petitioner had already been released on bail vide order dated 17.08.2015, i.e., even before passing of aforesaid order dated 30.11.2015 by this Court and thereafter husband of the petitioner has also been released on bail vide order dated 04.02.2016 passed by the Court of Sessions.

7.

Thereafter, the petitioner moved an application for bail before the Court of Sessions, which was dismissed vide order dated 11.03.2016 passed by the learned Sessions Judge considering the order dated 30.11.2015 passed by this Court and the order dated 04.02.2016 passed by the Court of

Sessions. It is noted that husband of the petitioner was admitted on bail vide order dated 04.02.2016 keeping in view the incarceration period as he was in custody since 14.07.2016, whereas the petitioner is in custody since 10.07.2015.

8.

There are 22 schools involved, wherein the State has arrested the parents, touts, Principals and one doctor and they all have been released on bail, investigation is going on which will take substantial time, therefore, keeping in view the facts noted above , I deem it appropriate to release the petitioner on bail.

9.

Accordingly, the petitioner will be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned Trial Court subject to the condition that she shall join the investigation as and when called by the Investigating Officer, she shall not leave the NCT of Delhi without the prior permission of the learned Trial Court and the petitioner shall not make any attempt to influence the witnesses or tamper with the evidence or hamper in the investigation in any manner whatsoever.

10.

In view of the above, the petition stands disposed of. 11.

A copy of this order be given dasti to the learned counsel for the parties.

Crl. M. (BAIL) No.659/2016 In view of the order passed above, the present application has become infructuous. The same is dismissed accordingly. SURESH KAIT, J.

MARCH 29, 2016 sb