Vipin Kumar v. State
$-23 & 25 (common order)
IN THE HIGH COURT OF DELHI AT NEW DELHI
* BAIL APPLN. 2776/2018 + RAMVEER SINGH Through: Mr. Vijay Kinger, Advocate versus Through: Mr. K.S. Ahuja, APP for the State + BAIL APPLN. 2782/2018 VIPIN KUMAR Petitioner Through:
Mr. Vijay Kinger, Advocate versus STATE Respondent Through:
Mr. K.S. Ahuja, APP for the State
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER
% 27.11.2018 Crl.M.A.48066/2018 (exemption) in BAIL APPLN. 2776/2018 Crl.M.A.48090/2018 fexemption) in BAIL APPLN. 2782/2018 Exemption allowed, subject to all just exceptions. Both the applications stand disposed of.
BAIL APPLN. 2776/2018 BAIL APPLN. 2782/2018 On 29.09.2017 first information report (FIR) No.309/2017 was registered in Police Station Sonia Vihar at the instance of the petitioner Ramveer Singh, it alleging offence under Section 363 IPG having been BAIL APPLN. 2776/2018 etc.
Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
co.TM^.ed qua his 12 years old daughter. Vineet Kumar, the complainant of - m HO25S/201S registered hy Pohce Station Sonia ^ • . alleging offences punishable under Sections 384/511/34 IPC was named as the person responsible for the abduction of the girl child' Keeping m view the age and the allegations made, offences under Section 354-D IPG and Section 12 of Protection of Children from Sexual Offences ^ Act, 2012 were also added to the said FIR.
Vineet Kumar, the person named as accused in case FIR No.309/2017, had approached this court for release on anticipatory bail. His bail application (No.2648/2017) was allowed and he was released on anticipatory bail, the facts noted in the order dated 29.08.2018 including his submission that an attempt was being made to extort money from him by the petitioners Ramveer Singh and Vipin Kumar, they being father and brother respectively of the said girl child, certain recordings (audio and video) having been presented in the form of compact disc (CD) at that point of T lime.
The learned Single Judge while disposing of the anticipatory bail application of Vineet Kumar, directed the concerned SHO to take appropriate legal action as revealed by the conversation presented in the form of CD, its forensic scrutiny having statedly confirmed the voices. It is in the wake of the said directions that on the complaint of Vineet Kumar, FIR No.258/2018 was registered by Police Station Sonia Vihar. Status report has been submitted.
Both sides have been heard and the case diary has been perused. BAIL APPLN. 2776/2018 etc.
% The transcript of the conversation forming part of the video recording has been shown. It, however, appears that the video recording is of selective portion of the conversation, it not being clear there from as to which side had approached the other in the first instance. Given the allegations which were made initially against the first informant Vineet Kumar, it would be appropriate that the present petitioners are granted similar protection as to him as the investigation is likely to take some time to conclude. In the foregoing facts and circumstances, both the petitions are allowed. It is directed that in the event of the petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bond in the sum of Rs.
(iv) They 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;
BAIL APPLN 2776/2018 etc.
(V) They shall not leave India without the prior permission of the court of cognizance or the trial court, as the case may be, and to ensure ue compliance with Als condition and shall deposit their passports, if they holds one, with the said court.
This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being Issued against them by the court of cognizance.
Both the petitions stand disposed of in above terms. Dasti under the signature of Court Master.
NOVEMBER 27, 2018 vk BAIL APPLN 2776/2018 etc.