Maninder Bedi v. The State Of NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2102/2018 and Crl. M.A. 31718/2018 MANINDER BEDI ..... Petitioner Through: Mr. Somesh Arora, Mr. Yuvraj Mishra and Ms.Avani Malik, Advocates versus THE STATE OF NCT OF DELHI ..... Respondent Through: Mr.Akshai Malik, APP with SI Rajesh Kumar Verma, PS C.R. Park Mr. Gaurav Goyal, Mr. J.K. Goyal and Ms. Rima Maujmdar, Advocates for the complainant
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
O R D E R
% 11.09.2018 During the course of investigation into FIR no.117/2017 of police station C.R. Park involving offences punishable under Sections 420, 467, 471 of Indian Penal Code, 1860 (IPC), co-accused Ripika Bedi was allowed to be released on regular bail by order dated 05.07.2018 of this court on bail application 1528/2018. Similarly, coaccused Aman Singh Bedi has been released on regular bail by the court of the Metropolitan Magistrate by his order dated 30.07.2018. The application of the petitioner before this court for similar relief on anticipatory bail, however, was declined by the court of Sessions by order dated 21.08.2018 on bail application 1354/2018. The reasons
for which the court of Sessions declined to grant such relief to the petitioner as set out in the said order primarily are that she has not been residing at the given address; her custodial interrogation for obtaining her signatures in terms of the mandate of Section 311 A Cr. PC is necessary; and that she has not been cooperative with regard to the last mentioned need of the investigative process.
The learned counsel appearing for the petitioner submitted that the petitioner is ready and willing voluntarily to give her specimen signatures and writing for comparison and also to join investigative process as and when called upon to do so and further to give her residential (present / permanent) and contact address and telephone numbers so that she is always available for being called for the investigation, she also undertaking to indicate change of address or contact phone numbers as and when such change occurs. In the above facts and circumstances, there is no reason why similar relief as granted to Ripika Bedi be not extended to the petitioner, it being always open for the investigating officer to approach this court for recourse to Section 439(2) Cr.
PC in case there is any non-cooperation on the part of the petitioner or failure to abide by the undertaking with regard to her readiness and willingness to give her specimen writing or signatures.
Thus, the petition is allowed. It is directed that in the event of the petitioner being arrested, she shall be released on bail by the arresting officer on furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount subject to the
further conditions:- (i) The petitioner shall cooperate with the investigation and join the same as and when called upon to do so;
(ii).
The petitioner shall give her specimen signatures and writing for comparison as and when called upon to do so; (iii) 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 investigating officer;
(iv).
Prior to his release, the petitioner shall furnish her permanent address as well as present address and in case there is a change will keep on updating the same;
(v) The petitioner shall not come in contact with or try to influence any of the witnesses connected to the case;
(vi) She 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/her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(vii) She 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 her passport, if she holds one, with the said court. This order will inure only till the date of first appearance of the petitioner in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against her by the court of cognizance.
The petition and the application filed therewith stand disposed of in above terms.
Dasti under the signatures of the Court Master. R.K.GAUBA, J SEPTEMBER 11, 2018 Yg