Kanta v. The State & ORS

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1267/2016 KANTA ..... Petitioner Through :

Mr.H.P.Sharma, Advocate with Ms.Diksha Sharma, Advocate.

versus THE STATE & ORS ..... Respondents Through :

Mr.Amit Gupta, APP with Insp.Kishore Kumar, DIU.

Mr.Karamveer Singh, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 13.02.2017 1.

Present petition has been filed for cancellation of bail under Section 439(2) Cr.P.C. Response not filed.

2.

I have heard the learned counsel for the parties and have examined the file. By an order dated 05.02.2016 anticipatory bail was granted to the petitioner in case FIR No.724/2014 registered under Sections 307/498A/34 IPC at PS Mahender Park. It was a conditional consent order whereby the petitioner had agreed to pay `2 lacs to the victim by way of demand draft within three weeks without prejudice and subject to future adjustment (if any) through the Investigating Officer. The said condition has not been complied with. I have CRL.M.C. 1267/2016

enquired from the petitioner's counsel if in compliance of the said orders, `2 lacs have been given to the victim. Learned counsel for the petitioner informed that no such payment has been given. He has not furnished any plausible explanation for non-compliance of the order. 3.

Considering the gravity of the offence and serious allegations against the petitioner and for non-compliance of the order dated 05.02.2016, no sufficient ground exists to grant anticipatory bail to the petitioner.

4.

The petition is allowed and the bail application filed by the petitioner under Section 438 Cr.P.C. is dismissed. S.P.GARG, J FEBRUARY 13, 2017 / tr CRL.M.C. 1267/2016