Lalit Wadhawan & ANR v. The State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 874/2018 and Crl.M.A.9946/2018 LALIT WADHAWAN & ANR ..... Petitioners Through:

Mr. Ravi Prakash, Advocate with Mr. Ashish Verma, Advocate versus THE STATE ..... Respondent Through:

Mr. Ravi Nayak, APP for the State

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 20.07.2018 The allegations have been made against the petitioners in FIR No.107/2018 of Police Station Civil Lines, registered on 16.04.2018 at the instance of Kavita Tyagi, purportedly constituting offences punishable under Sections 354/385/506/509 IPC. The background facts, however, need to be kept in mind. On 15.01.2018 the petitioners, residents of 4/4, Court Road, Civil Lines, Delhi-110054 had lodged a report with police control room (PCR), statedly concerning some illegal constructions in the next door property which would affect their rights to enjoy their property, the next door property being described as 4/3, Court Road, Civil Lines, Delhi, with which husband of the complainant is connected. It is also shown from record that on 17.01.2018, prior to the lodging of the FIR, the petitioners had lodged complaint with the municipal authority regarding illegal construction, nuisance, etc. in property bearing No.4/3, Court Road, Civil Lines, Delhi-54 by the husband of the complainant.

Having regard to these facts and nature of allegations in the FIR, a BAIL APPLN. 874/2018

case for grant of anticipatory bail is made out. Hence, the petition is allowed. Thus, it is directed that in the event of the petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bonds in the sum of Rs.20,000/- each with one surety in the like amount subject to the following further conditions:- (i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so; (ii) The petitioners shall not come in contact with or try to influence any of the witnesses connected to the case;

(iii) Prior to their release, they shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer;

(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence; and This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against them by the court of cognizance.

The petition and the application filed therewith stand disposed of in above terms.

Dasti.

R.K.GAUBA, J.

JULY 20, 2018/vk BAIL APPLN. 874/2018