Seema v. The State Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2363/2013 SEEMA ..... Petitioner Through:

Mr. Jagat Rana & Mr. Yashvardhan Singh Rathore, Advocates versus THE STATE OF DELHI ..... Respondent Through:

Mr Akshai Malik, Additional Public Prosecutor for the State.

Inspector Binay Singh, Police Station Nangloi.

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 19.01.2016 Vide this application under Section 438 of Cr.P.C moved by the petitioner on 16.12.2013, the petitioner prayed for grant of anticipatory bail in case FIR No. 258/2013 under Sections 302/304B/498A & 34 IPC, Police Station Nangloi, Delhi. Vide order dated 20.12.2013, the petitioner was directed to join the investigation and in the meanwhile, she was directed not to be arrested. The protection granted to her was extended from time to time.

Learned Additional Public Prosecutor for the State submits that now after passing of the initial order when the case was at the stage of investigation, charge sheet has already been submitted. Charges have been framed and several witnesses have been examined, therefore, the petitioner may move regular bail application before the concerned Additional Sessions Judge.

There is force in the submissions as the application in hand was moved way back on 16.12.2013 when the case was still at the stage of investigation qua this accused and therefore, she was directed to join investigation. Undisputedly now the charge sheet has also been filed against her, charge for offence under Sections 302/304B/498A/34 IPC has been framed against her as well. Several witnesses have been examined. Now the matter

is stated to be listed for remaining prosecution evidence on 16.02.2016, 17.02.2016, 19.02.2016, 24.02.2016 & 25.02.2016.

Under the circumstances, the petitioner may now move regular bail application before the learned Additional Sessions Judge who will consider the same in accordance with law.

Learned counsel for the petitioner submits that the petitioner has three small minor children and their exams will be commencing in the month of March. As such, at least till 31.03.2016, she may be protected.

Under the circumstances, it is made clear that the interim protection granted to the petitioner will continue till 31.03.2016.

With the above said directions, the application stands disposed of. Registry is directed to send the trial court record through the special messenger immediately so that it reaches the trial court much before the date fixed. It is further made clear that the petitioner will not try to contact or influence any of the prosecution witnesses during this period. Copy of the order be given dasti to counsel for both the parties. SUNITA GUPTA, J JANUARY 19, 2016 rs