Adarsh Tripathi Through Aditya Tripathi Brother Of Accused Parokar v. State Govt. Of NCT Of Delhi
$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4740/2024 ADARSH TRIPATHI THROUGH ADITYA TRIPATHI BROTHER OF ACCUSED PAROKAR .....Applicant Through:
Mr. Anukul Raj, Ms. Nikita Raj, Mr.
Tushar Bhalla, Mr. Pratik Sharma, Advs.
Versus
STATE GOVT. OF NCT OF DELHI .....Respondent Through:
Mr. Raghuinder Verma, APP for the State.
Mr.
Ankur Aggarwal(complainant through VC)
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 16.01.2025 1.
This hearing has been done through hybrid mode. CRL.M.A. 1128/2025 (Exemption) 2.
Allowed, subject to all just exceptions.
3.
This application is disposed of.
CRL.M.A. 1127/2025 (Early Hearing) 4.
The present application under Section 528 of the BNSS seeks the following prayers:- "A. Fix an early date for the hearing of the Bail Application; B. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
Issue notice.
6.
Learned APP for the state accepts notice and fairly does not oppose the present application. Accordingly, the application is allowed and disposed of. 7.
The present application is taken up for hearing. BAIL APPLN. 4740/2024 8.
The present application under Section 483 of the BNSS seeks regular bail in case FIR No. 0019/2024, under Sections 419/420/34 of the IPC, registered at P.S. Cyber, Rohini.
9.
Learned counsel for the applicant submitted that during the pendency of the present application, the latter has arrived at a settlement with the complainant, Mr. Ankur Aggarwal, in the present case. It is further submitted that, since the present applicant and the other co-accused person were in custody, the said MoU was executed through their representatives and the matter was stated to have been settled for a total sum of Rs. 10,00,000/- between the complainant and the two accused persons namely, Adarsh Tripathi, i.e., present applicant, and Shivam Tiwari. 10.
Learned counsel for the applicant has placed on record an order dated 24.12.2024 passed by the learned Trial Court whereby, Mr. Shivam Tiwari, co-accused person, on the basis of the aforesaid settlement, has been granted bail.
11.
Learned APP for the State, on instructions of the Investigating Officer, confirms the aforesaid facts and submits that the chargesheet in the present case has been filed before the Court of competent jurisdiction. 12.
Mr. Ankur Aggarwal, complainant, appeared through Video Conferencing and has been correctly identified by the Investigating Officer The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and submits that the matter has been settled with the present applicant as well the other co-accused person and he has no objection to the applicant in case he is released on bail.
13.
In totality of the facts and circumstances, the present application is allowed. The applicant is directed to be released on bail, on his furnishing a personal bond of Rs. 20,000/- with one surety of like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to following conditions:
i.
The applicant shall not leave India without prior permission of the learned Trial Court.
ii.
The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii.
The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.
iv.
The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v.
The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.
14.
The application is allowed and disposed of accordingly. 15.
Date already fixed, i.e., 25.02.2025, stands cancelled. 16.
Pending applications, if any, also stand disposed of. 17.
Needless to state that, nothing mentioned hereinabove, is an opinion on the merits of the case and any observations made herein are only for the purpose of the present bail application.
18.
Copy of the order be sent to the concerned Jail Superintendent for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
necessary information and compliance.
19.
Order be uploaded on the website of this court forthwith. AMIT SHARMA, J JANUARY 16, 2025/kr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.