Prahlad Kapoor v. The State (Govt. Of NCT )Delhi

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1755/2018 & CRL.M.A. 28671/2018 PRAHLAD KAPOOR ..... Petitioner Through:

Ms. Richa Singh & Mr. C.M. Grover, Advs.

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

Mr. Ravi Nayak, APP for the State with SI Anupam, PS Jagatpuri.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 27.07.2018 The allegations made in the FIR No. 67/2018 of police station Jagat Puri seem to implicate the petitioner in offences punishable under Sections 328/376/506/509 IPC. The petitioner was arrested on 20.04.018 and has been in judicial custody since 21.04.2018.

The investigation has been completed and charge-sheet was filed in the court of Metropolitan Magistrate in May, 2018.

Having regard to the facts and circumstances of the case, and as indicated in the status report, which has been filed, it appears that the prosecutrix had willingly gone with the petitioner to two of the places where she was allegedly raped, upon there being an assurance of marriage. The mobile phone instrument wherein certain videography was made allegedly by the petitioner has already been seized by the police and its scrutiny for forensic experts is underway, report being awaited.

In the facts and circumstances when further process is likely to take some time, no useful purpose would be served by keeping the petitioner in jail.

The case for release of the petitioner on bail is made out. Granted accordingly subject to the following conditions:- (i).

The petitioner shall furnish personal bond in the sum of Rs.25,000/- 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 join the investigation as and when called upon by the investigating officer to do so.

(iv) 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.

(v) 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. (vi) 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 (vii). He shall not leave India without the prior permission of the court of cognizance or the trial court, as the case may be, and to ensure due compliance with this condition and shall deposit his passport, if he holds one, with the said court.

The bail petition and the application filed therewith are disposed of in these terms.

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

Dasti.

R.K.GAUBA, J JULY 27, 2018 nk