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High Court of DelhiBAIL APPLN./2254/2018

Jiauddin v. State

2018-09-26Hon'Ble Mr. Justice R.K.Gauba2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2254/2018 & CRL.M.A. 32971-72/2018 JIAUDDIN ..... Petitioner Through:

Mr. Pawan Sharma, Adv.

versus STATE ..... Respondent Through:

Mr. Amit Ahlawat, APP for the State with ASI Amar Singh, PS Punjabi Bagh.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 26.09.2018 While framing charge by order dated 13.09.2018 in sessions case no. 534/2018 arising out of the charge-sheet submitted on conclusion of investigation in FIR no. 243/2018 of police station Punjabi Bagh involving offences punishable under Sections 370/374 read with Section 34 IPC; Section 23 Juvenile Justice (Care and Protection of Children) Act, 2000 read with Section 34 IPC; under Section 3/14 of Child Labour (Prohibition and Regulation) Act, 1986 and Section 201 IPC release on bail was declined to the applicant on the ground of gravity of the nature of facts and circumstances and the offences involved. It is noted that by the same order, charges for same offences were framed against Nishant Sehgal @ Monu. By order dated 26.05.2018, the said Nishant Sehgal @ Monu was released on bail by the court of sessions on bail application no. 2283 against the same backdrop of facts. On parity, there is no ground why the petitioner should be denied similar relief. The application is, thus, allowed. BAIL APPLN. 2254/2018

The case for release on bail is made out. Granted accordingly subject to the following conditions:- (i).

The petitioner shall furnish personal bond in the sum of Rs.30,000/- with one surety in like amount to the satisfaction of the trial court;

(ii).

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 trial court;

(iii). He shall scrupulously appear at each and every stage of the proceedings before the trial court so as not to cause any obstruction or delay to its progress;

(iv). He shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (v).

He 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence. The bail petition and the applications filed therewith are disposed of in these terms.

A copy of this order shall be transmitted to the jail authorities and to the trial court.

Dasti.

R.K.GAUBA, J SEPTEMBER 26, 2018/nk BAIL APPLN. 2254/2018