High Court of DelhiBAIL APPLN./2681/2016

Chhatarpal Gupta v. State (Govt Of NCT Of Delhi)

2017-05-02Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2681/2016 CHHATARPAL GUPTA ..... Petitioner Through:

Mr.M.P.Sinha, Adv. with Ms.Mumtaj, Adv.

versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through:

Mr.Mukesh Kumar, APP for State W/ASI Sushma, PS-Uttam Nagar Mr.Kuldeep Gola, Adv. for complainant with complainant.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 02.05.2017 This is an application under Section 438 Cr.P.C. filed on behalf of the petitioner for grant of anticipatory bail in case FIR No.664/2016, under Section 376 IPC, registered at Police Station-Uttam Nagar, Delhi. Counsel for the petitioner has submitted that the petitioner is apprehending his arrest from Police Station-Uttam Nagar in case FIR No.664/2016, under Section 376 IPC. Counsel for the petitioner further submits that the petitioner is 72 years old and the prosecutrix is a major and is of 24 years. He has further submitted that the FIR is registered after a gap of three days and the allegations alleged in the FIR are false and baseless. He further submits that the petitioner is ready to join the investigation as and when directed to do so and prays that the petitioner be granted anticipatory

bail.

Learned APP for the State opposes the grant of anticipatory bail to the petitioner. Learned APP, however, on instructions from the IO submits that the petitioner has joined investigation.

Considering the facts and circumstances as the petitioner is a senior citizen, the petitioner is directed to join the investigation and in the event of his arrest, the petitioner shall be released on bail, on his furnishing bail bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the Investigating Officer/SHO with the condition that he shall not influence the prosecution witnesses; he shall not contact, threaten or coerce the victim or any of her family members or to indulge in any illegal activities; he shall not tamper the prosecution evidence and he should not leave India without prior permission of the Court below. The present application is allowed and disposed of accordingly. Copy of the order be given dasti, as prayed.

I.S.MEHTA, J MAY 02, 2017/radhika