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High Court of DelhiBAIL APPLN./1048/2018

Jitender Thakur v. The State ( Govt If NCT Of Delhi)

2018-07-05Hon'Ble Mr. Justice R.K.Gauba3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1048/2018 JITENDER THAKUR ..... Petitioner Through: Mr. Shoaib Haider with Mr. Navjot Kumar, Mr. Karan Khanna & Ms. Kulsum Haider, Advocates versus THE STATE ( GOVT IF NCT OF DELHI) ..... Respondent Through: Mr. Ashish Dutta, APP for the State

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 05.07.2018 Crl.M.A.8655/2018 (exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

BAIL APPLN. 1048/2018 The prosecutrix on whose complaint present case has been registered concededly is a married woman with three children, the eldest being 19 years old, her husband, according to her allegation having abandoned her. Going by the allegations in the complaint itself, she had entered into physical relationship with the applicant of her own volition such relationship having continued over 4-5 years. Her prime grievance is that the applicant had projected himself to be an unmarried person who had enticed her into

such relationship promising to marry her, it having later been revealed that he is married and has children of his own from such marriage. The applicant was arrested on 17.04.2018. The investigating agency is yet to file its report under Section 173 of Code of Criminal Procedure, 1973. In the facts and circumstances, a case is made out for his release on bail as no useful purpose would be served by keeping him in judicial custody.

Therefore, the application is allowed. The petitioner be released on bail subject to the following conditions:- (i).

The petitioner shall furnish a personal bond in the sum of Rs.20,000/- with one surety in like amount to the satisfaction of the trial court. (ii).

Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the trial court.

(iii).

He shall scrupulously appear at each and every stage of the proceedings before the trial court so as not to cause any obstruction or delay to its progress.

(iv).

He shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v).

He 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence; and

(vi). He shall not leave India without the prior permission of the court of cognizance and to ensure due compliance with this condition shall deposit his passport, if he holds one, with the said court. The bail application is disposed of in these terms.The bail application is disposed of in these terms.

A copy of this order shall be transmitted to the jail authorities and to the trial court.

Copy of the order be given Dasti under the signature of the Court Master.

R.K.GAUBA, J.

JULY 05, 2018 ns