Wg. Cdr. Sanjay Kamra v. State Of NCT Of Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + WG. CDR. SANJAY KAMRA ..... Petitioner Represented by:

Mr. H.S. Dahiya, Advocate.

versus STATE OF NCT OF DELHI ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI P.R. Hudda, PS Dwarka, Sec-23.

Mr. Sunil Mittal, Senior Advocate with Ms. Seema Seth, Mr. Dhruv, Mr.

Grover and Ms. Aishwarya Anand, Advocates for complainant.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.12.2018 Crl.M.A. No. 48972/2018 (Exemption) Allowed, subject to all just exceptions.

Crl.M.A. No. 48973/2018 For the reasons stated in the application delay of 130 days in re-filing the application is condoned.

Application is disposed of.

Crl.M.A. No. 48971/2018 By this application, the petitioner seeks modification of order dated 3rd May, 2018.

This Court finds no ground to modify the order dated 3rd May, 2018. Application is dismissed.

By this petition, the petitioner seeks anticipatory bail in case FIR No. 48/2016 under Section 498A/406 IPC registered at PS Sec-23 Dwarka. The allegations of the complainant in the FIR in question are of being treated with mental and physical cruelty and causing injuries number of times.

The complainant also alleges that the petitioner deserted her on 22nd April, 2014 whereafter the petitioner shifted to another house. The complainant also alleges missing of her two gold bangles and some cash. Considering the nature of allegations and the fact that the petitioner has shown his bona fides by depositing a sum of ₹5 lakhs each as FDRs in the name of two daughters with guardianship in favour of the complainant qua the minor daughter, this Court deems it fit to grant anticipatory bail to the petitioner.

It is, therefore, directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety bond of the like amount, subject to the satisfaction of the Arresting Officer/ SHO concerned, further subject to the condition that the petitioner will join the investigation as and when directed by the Investigating Officer and in case of change of residential address the same will be intimated to the Court concerned by way of an affidavit.

The amount of 5 lakhs each deposited as FDRs in the name of two daughters of the petitioner and complainant would be subject to the final outcome of the trial.

Petition is disposed of.

Order dasti.

MUKTA GUPTA, J.

DECEMBER 05, 2018 'yo'