Raj Kishore v. State

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2544/2018 and Crl. M.A 35103/2018 RAJ KISHORE ..... Petitioner Through:

Mr.

Manish Malik, Mr.

Dinesh Madhesiya, Ms. Meena Devi and Mr. Jai Subhash Thakur, Advocates versus STATE ..... Respondent Through: Mr. Amit Ahlawat, APP for the State with Insp. Anil Kumar

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 29.10.2018 Status report filed. In the FIR no.665/2017 of police station Sultan Puri, allegations against the petitioner have been levelled about his involvement in the offences under Sections 323, 354, 354B, 34 IPC. As per the allegations, the petitioner alongwith one another had accosted the complainant on a public street and had committed physical assault against her with the intent to outrage her modesty, she having been given beatings with legs and fists. It is clear form the averments in the FIR itself that there is a history to the case in that the complainant has been in litigation with her husband Anand, the petitioner being a person friendly with the said husband on account both being neibhbours. The status report shows that the petitioner has

been involved in at least two other cases, they being FIR no.447/17 involving offences punishable under Sections 365, 386, 506, 34 IPC of police Station Vijay Vihar and FIR no.1367/2017 involving offences punishable under Sections 365, 376(d), 506, 34 IPC of police Staton Aman Vihar.

The counsel for the petitioner has placed before this court copies of orders dated 29.05.2017 read with order dated 08.06.2017 concerning case FIR no.447/2017 and order dated 09.04.2018 in the context of FIR no.1367/2017 whereby he was admitted to anticipatory bail in both the said cases.

Having regard to the facts and circumstances of the case, the petition is allowed. It is directed that in the event of the petitioner being arrested, he shall be released on bail by the arresting officer on furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount subject to the following further conditions:- (i) The petitioner shall continue cooperating with the investigation and join the same as and when called upon to do so; (ii) The petitioner shall not come in contact with or try to influence any of the witnesses connected to the case;

(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) 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/her from disclosing such facts to the Court or to any

police officer or tamper with the evidence;

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 him by the court of cognizance.

The petition and the application stand disposed of in above terms.

Dasti under the signatures of the Court Master. R.K.GAUBA, J OCTOBER 29, 2018 Yg