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High Court of DelhiBAIL APPLN./2362/2016

Anita & ANR. v. State (NCT Of Delhi)

2016-12-16Hon'Ble Ms. Justice Mukta Gupta2 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2362/2016 ANITA & ANR.

..... Petitioner Represented by:

Ms. Gulshan Khan, Adv.

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

Mr. Hirein Sharma, APP with SI Pankaj PS Shalimar Bagh.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.12.2016 By the present petition, the petitioners seek anticipatory bail in case FIR No.524/2016 under Sections 363/328/343/346/34 IPC registered at PS Shalimar Bagh.

FIR was lodged by the father of the prosecutrix who alleged that the prosecutrix was missing from the house since 3.00 PM and suspected that she had been kidnapped. The prosecutrix was produced after 7 days wherein she alleged that she was kept confined in the house by the two petitioners who are her aunts and sexually abused by one Mohd. Qayum, who was driver of the petitioners.

A detailed status report has been filed pursuant to directions of this Court. As per the status report, the petitioners who are the aunts of the prosecutrix have a property dispute with the father of the prosecutrix and both the parties are residing in the same house on different floors. On 8th August, 2016 itself three other FIRs were registered against each other by

both the sides. The main accused Mohd. Qayum has already been granted bail by learned Additional Sessions Judge. The petitioners have joined the investigation.

Considering the facts and circumstances of the case, this Court deems it fit to grant anticipatory bail to the petitioners. It is thus directed that in the event of arrest, the petitioners be released on bail on their furnishing personal bond in the sum of ₹25000/- each with one surety of the like amount each subject to the satisfaction of the Arresting Officer/SHO concerned, further subject to the condition that they will join the investigation as and when directed by the investigating officer and will not leave the country without prior permission of the Court concerned. Petition is disposed of.

Order dasti.

MUKTA GUPTA, J.

DECEMBER 16, 2016 'v mittal'