Bhavya Jain v. State Govt. Of NCT Of Delhi
$~14 & 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4729/2024 BHAVYA JAIN .....Petitioner Through:
Mr. Kirti Uppal, Sr. Advocate along with Mr. Aditya Raj, Mr. Garvit Sharma, Mr. Aniket Pawar, Mr.
Pratham Diwakar, Advocates.
versus STATE GOVT. OF NCT OF DELHI .....Respondent Through:
Mr. Amit Ahlawat, APP for the State along with Ms. Babita Ahlawat, Advocate and WSI Ingkumnaro, PS New Ashok Nagar.
+ BAIL APPLN. 4738/2024 CRL.M.A. 38712/2024 CHARVI JAIN .....Petitioner Through:
Mr. Kirti Uppal, Sr. Advocate along with Mr. Aditya Raj, Mr. Garvit Sharma, Mr.
Aniket Pawar, Advocates.
versus STATE GOVT. OF NCT OF DELHI .....Respondent Through:
Mr. Amit Ahlawat, APP for the State along with Ms. Babita Ahlawat, Advocate and WSI Ingkumnaro, PS New Ashok Nagar.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 23.12.2024 1.
These petitions have been filed seeking regular bail in FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
No.594/2024, registered at P.S. New Ashok Nagar, under Sections 109(2)/3(5) BNS. Petitioners were arrested on 3rd November, 2024. 2.
Status Report has been handed-up in Court, and the same be placed on record by APP for State.
3.
As per the Status Report, pursuant to certain incidents that took place at Anekant Apartment, Vasundhara Enclave, Delhi, the petitioners were found to have verbally abused the police personnel, as well as sat in their Swift Dezire car and attempted to run over the Police team. They were also allegedly threatening to kill people, and several public persons sustained injuries, including Head Constable Sunil.
4.
Other FIRs, were also registered namely FIR No. 591/2024, 592/2024 and 593/2024. Petitioners were arrested on 3rd November 2024 and have been in custody since.
5.
Senior Counsel for petitioner, however, points out that there was an altercation in the Anekant Apartment, Vasundhara Enclave at the behest of the complainant Mr. Ashok Kumar Sharma (former Deputy Superintendent of Police, U.P. Police), and accordingly a mob was harassing the two petitioners and, therefore, the subsequent incidents occurred. Multiple FIRs, Mr. Uppal, contends have been filed at the behest of the complainant. 6.
Senior counsel for petitioner submits that the petitioners have been implicated falsely based on the dispute raised by the complainant who is interested in the Apartment in the same colony, which the petitioners live in. 7.
Notwithstanding these contentions, it is noted that this FIR No.594/2024 has been filed at the behest of one Mr. Joginder on the basis that his scooty had been damaged while the petitioner and her sister were driving the car. He appeared in Court on the last occasion and recorded his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
no objection to the grant of bail to petitioners. Mr. Joginder is present on VC today as well and confirms his no objection to granting bail to petitioners. An MOU had also been executed between Mr. Joginder and parokar/ father of petitioners, which is on record.
8.
In light of the above, and that the trial in the matter is likely to take some time, and it would not be prudent to keep the petitioners behind bars for an indefinite period, this Court finds it to be a fit case for grant of bail to the petitioners in this FIR.
9.
Consequently, the petitioners are directed to be released on bail, if not required in any other matter, on each furnishing a personal bond in the sum of Rs. 25,000/- each with one surety of the like amount subject to the satisfaction of the Trial Court, further subject to the following conditions: i. Petitioners will not leave the country without prior permission of the Court.
ii. Petitioners shall provide permanent address to the Trial Court. The petitioners shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address. iii. Petitioners shall appear before the Court as and when the matter is taken up for hearing.
iv. Petitioners shall join investigation as and when called by the IO concerned.
v. Petitioners shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
vi. Petitioners shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the complainant/victim or any member of the complainant/victim's family or tamper with the evidence of the case.
10.
Needless to state, but any observation touching the merits of the case is purely for the purposes of deciding the question of grant of bail and shall not be construed as an expression on merits of the matter. 11.
Copy of the order be sent to the Jail Superintendent for information and necessary compliance.
12.
Accordingly, the petitions are disposed of. Pending applications (if any) are disposed of as infructuous.
13.
dasti.
14.
Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 23, 2024/ak/tk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.