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High Court of DelhiBAIL APPLN./1534/2016

Sanjana Rai @ Ankita Rai & ANR v. C B I

2017-02-27Hon'Ble Mr. Justice S.P.Garg2 pages

$~80 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1534/2016 & CRL.M.A.No.1181/17 SANJANA RAI @ ANKITA RAI & ANR ..... Petitioners Through :

Mr.Daviender Hora, Advocate.

versus C B I ..... Respondent Through :

Mr.Narender Mann, SPP with Mr.Manoj Pant, Advocate.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 27.02.2017 1.

The petitioners seek regular bail under Section 439 Cr.P.C. in case RC No.SI 1 2012 S 2003 registered under Sections 120B read with Sections 420/344/363/366A & 376 IPC and Sections 4 & 5 ITP Act, 1956. Status report is on record.

2.

I have heard the learned counsel for the parties and have examined the file. The petitioners are in custody since 14.03.2012. Out of 100 witnesses cited by the prosecution only 25 witnesses have so far been examined. Accused - Raja Bhattacharya; Imtiaz Ali & others and Ajay Chaudhary @ Ajay & another were granted bail in connected matter RC 6(S) 2012 SC.I/CBI.

CBI moved Crl.M.Cs.

4523/2014, 413/2015 & 1640/2015 for cancellation of their bail under Section 439(2) read with Section 482 Cr.P.C. By an order 14.01.2016 BAIL APPLN. 1534/2016

the said petitions were dismissed.

It was observed that the respondents therein were in custody for sufficient duration.

Comprehensive statement of the prosecutrix has since been recorded. The respondents therein could not be kept in custody in perpetuity. Similarly, the present petitioners are in custody since long and the prosecution has failed to complete its evidence so far. Statement of the prosecutrix has since been recorded.

The petitioners are not previous convicts.

3.

Address of the petitioner No.1 was directed to be verified. In the additional status report, it is disclosed that the petitioner No.1's mother Seema Rai is residing at Red Bank - TE, 3 Number Lane, Post Banarhat, Distt. Jalpaigudi, West Bengal.

4.

Considering the facts and circumstances of the case, the petitioners are admitted to bail on furnishing personal bond in the sum of ` 50,000/- with one surety each in the like amount to the satisfaction of the Trial Court.

5.

The bail application stands disposed of.

Pending application also stands disposed of.

S.P.GARG, J FEBRUARY 27, 2017 / tr BAIL APPLN. 1534/2016