High Court of DelhiBAIL APPLN./2873/2018

Rahul Mohan v. State

2020-02-28Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2873/2018 RAHUL MOHAN ..... Petitioner Through Mr. K.C. Mittal, Ms. Ruchika Mittal, Mr. Yugansh Mittal, Mr. Amit P.

Shahi and Mr.

Mannu Singh, Advocates alongwith petitioner in person versus STATE ..... Respondent Through Mr. G.M. Farooqui, Additional Public Prosecutor for the State

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 28.02.2020 This is a petition filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR bearing no. 277/2018, under Sections 420/448/506/406/120B IPC, police station Anand Vihar, Delhi. Ld. Counsel for the petitioner has prayed for anticipatory bail on the ground that the petitioner is innocent and has been falsely implicated. Learned counsel for the petitioner states that the disputed premises was in possession of the petitioner and the premises stands vacated by the petitioner. As per the order dated 23rd January, 2019 passed by this Court, the keys of the premises were handed over to the Investigating Officer and complainant-Ms. Anuradha Sharma has taken over the possession of premises. He further submits that there was a disagreement about the

amount of Rs. 1 lakh due to the complainant-Ms. Anuradha Sharma. Therefore, the settlement could not be arrived at between the parties. The anticipatory bail application is opposed by the learned Additional Public Prosecutor for the State.

I have considered the rival submissions. The petitioner has already handed over the possession of the premises to the complainant-Ms. Anuradha Sharma. The investigation is still in progress. The chargesheet is yet to be filed. Accordingly, the anticipatory bail application of the petitioner is allowed. In the event of arrest, the petitioner be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like amount subject to the satisfaction of IO/SHO concerned and subject to the condition that he will not contact the complainant/witnesses and will not threat them and fully cooperate with the Investigating Agency. Bail application stands disposed of accordingly. Dasti.

BRIJESH SETHI, J FEBRUARY 28, 2020 savita