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High Court of DelhiBAIL APPLN./2739/2015

Shama Naaz v. The State (NCT Of Delhi)

2016-05-12Hon'Ble Ms. Justice Sunita Gupta1 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2739/2015 SHAMA NAAZ ..... Petitioner Through Mr Sunil Tiwari, Adv.

versus THE STATE (NCT OF DELHI) ..... Respondent Through Ms Neelam Sharma, Additional Public Prosecutor for the State alongwith ASI Ramesh Kumar Police Station Chandni Mahal, Delhi

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 12.05.2016 This is application under Section 438 of Cr.PC moved by the petitioner for grant of anticipatory bail in case FIR No.282/2015 under Ss. 323/354A/354B/34 IPC registered at Police Station Chandni Mahal, Delhi.

It is submitted by counsel for the petitioner that co-accused Akram has already been released on bail. The instant FIR is a counterblast to the case FIR No.310/2015 under Ss. 354/354A/323/34 IPC Police Station Chandi Mahal, Delhi on 30.11.2015 on the statement of the petitioner. The petitioner has already joined investigation as such it is prayed that the petitioner be granted anticipatory bail. Learned Additional Public Prosecutor for the State opposes the bail application on the ground that there were bite marks on the person of complainant which has been preserved. It is, however, not disputed that a cross FIR has been registered at the instant of the petitioner. The petitioner has placed on record the copy of order dated 02.03.2016 vide which co-accused has been granted anticipatory bail by the Coordinate Bench.

Keeping in view the totality of the facts and circumstances of the case the application is allowed, it is ordered that in the event of his arrest:- (i) Petitioner be admitted to bail on her executing personal bond in the sum of Rs.40,000/- with one surety in the like amount to the satisfaction of the concerned I.O./SHO. (ii) She shall join the investigation as and when called for by the I.O. (iii) She shall furnish her address as well as her contact number to the Investigating Officer. (iv) She shall not threaten or coerce complainant or any prosecution witness. The application is accordingly disposed of.

Copy of this order be given dasti to counsel for the petitioner. SUNITA GUPTA, J MAY 12, 2016/rd