High Court of DelhiBAIL APPLN./727/2017

Vijay Aggarwal v. State

2017-09-14Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 727/2017 VIJAY AGGARWAL ..... Petitioner Through:

Mr.Sadeep Aggarwal, Sr. Adv. with Mr.Ashish Kumar, Mr.Aditya Singla and Ms.Drishti S Harpalani, Advs.

versus STATE ..... Respondent Through:

Mr.Raghuvinder Varma, APP for State with W/SI Sonu Siwach, PSRoop Nagar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 14.09.2017 This is an application filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.51/2017, under Sections 506/509/376/354 IPC, registered at Police Station-Roop Nagar, Delhi. Learned senior counsel for the petitioner submits that the petitioner is an innocent person and has no nexus with the FIR in question. He further submits that the victim is a major and the allegations alleged against the present petitioner is false. He further submits that there is no evidence qua against the present petitioner and the possibility of consent cannot be ruled out. He further submits that the petitioner has already joined investigation and nothing is to be recovered at the instance of the petitioner and the petitioner is not required for custodial investigation. He further submits that

the petitioner is ready to join further investigation as and when required and prays that the petitioner be granted anticipatory bail. Learned APP for the State vehemently opposes the bail application. However, the learned APP on instructions from the Investigating Officer admits that the petitioner has joined the investigation. Considering the facts and circumstances of the case, the petitioner is directed to further join the investigation and in the event of his arrest, he be released on bail, on his furnishing personal bond in the sum of Rs.

20,000/- with one surety of the like amount to the satisfaction of the SHO/Investigating officer concerned with the condition that the petitioner shall not influence the prosecution witnesses; the petitioner shall not tamper the prosecution evidence; the petitioner should not leave India without prior permission of the Court below and the petitioner shall not visit the house of the complainant/victim and shall not make any contact with her telephonically or by any other mode and the petitioner shall not upload photographs of the victim in social media.

The present bail application is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J SEPTEMBER 14, 2017/sr