Anita v. State (Govt Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 875/2017 ANITA ..... Petitioner Through:

Ms.Kamini Jaiswal, Adv. with Mr.Divyesh Pratap Singh and Ms.Rani Mishra, Advs.

versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through:

Mr.Raghuvinder Varma, APP for State with SI Hawa Singh, Police Station-Madhu Vihar Mr.Sudhir Naagar, Adv. for complainant.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.05.2017 CRL.M.A.7832/2017 & CRL.M.A.7833/2017 Exemption granted, subject to all just exceptions. Applications stand disposed of.

BAIL APPLN. 875/2017 This is an application filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.255/2012, under Sections 420/463/465/468/471/120 B IPC registered at Police Station-Madhu Vihar, Delhi.

Counsel for the petitioner has submitted that the FIR registered in a purely civil dispute and the said FIR has been registered only as a counter

blast to the application under Section 156 (3) Cr.P.C filed by the husband of the petitioner. She has submitted that settlement was arrived at between the parties to make payment of Rs.44 lakhs but the petitioner has nothing to do with the said transaction. She further submits that the payment is to be made out of profit which is payable by the Government and Arbitration proceedings in that regard is going on.

Learned APP has vehemently opposed the application and submitted that the petitioner is a co-accused and has forged documents. Learned APP further submits that it is an admitted fact coming on record that Rs.44 lakhs is to be paid and the petitioner being Director has an active role in this matter and she herself has received the amount. He further submits that the petitioner and her husband are absconding and are required for custodial interrogation and submits that the bail application be dismissed. In view of the submissions made by learned APP for State since the petitioner is stated to be absconding and is required for custodial interrogation, I do not find it a fit case to grant anticipatory bail to the petitioner. Consequently the present bail application is dismissed. The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti.

I.S.MEHTA, J MAY 11, 2017/radhika