Delhi High Court - Orders
Jai Bhagwan Gupta vs State (Nct Of Delhi) on 16 November, 2022
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1576/2022
JAI BHAGWAN GUPTA ..... Applicant
Through: Mr. Prashant Mendiratta and Mr.
Jasmeet S. Chadha, Advocates
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Naresh Kumar Chahar, APP for
State with SI Krishna, P.S. Nihal
Vihar.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 16.11.2022 CRL.M.A. 10031/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
BAIL APPLN. 1576/20223. The instant application under Section 438 of the Code of Criminal Procedure, 1973 has been filed on behalf of the applicant seeking anticipatory bail in FIR bearing no. 510/2022 dated 02.04.2022, registered at Police Station Nihal Vihar, Delhi for offence punishable under Section 376 of the Indian Penal Code, 1860.
4. The brief facts of the case are that the complainant was employed as house help at the residence of accused/applicant. On 17.02.2022, when complainant was working in the house of applicant, the applicant suddenly grabbed her from behind and forced her to have physical relation with him. The complainant, in retaliation, pushed the applicant but the applicant threatened her that if she did not agree to his demand, he would tell her Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:17.11.2022 15:33:40 husband that she had entered into physical relation with him. Upon receiving such threat, the applicant had sexual contact with her. Thereafter, she left the work of cleaning at the applicant's house. Subsequently, the medical examination of the complainant was conducted at SGM Hospital and on the basis of her written complaint, the present FIR was registered.
5. During the hearing of present application, this Court vide order dated 31.05.2022 had ordered the constitution of a medical board to assess as to whether the applicant is medically impotent. Accordingly, medical examination of the applicant was conducted by a board of doctors at Safdarjung Hospital, New Delhi. After detailed examination of the applicant, the medical board was of the opinion that since the findings of doppler test of applicant are suggestive of arterial insufficiencies, the applicant is incapable of performing sexual intercourse.
6. Keeping in view all the facts and circumstances mentioned hereinabove, this Court is inclined to grant anticipatory bail to the applicant, and in event of arrest, the applicant shall be released on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the SHO/I.O concerned on the following terms and conditions:
i) The applicant shall remain available on mobile numbers; shared by him with the Police.
ii) The applicant shall not leave NCT of Delhi without prior permission of the concerned IO/SHO.
iii) The applicant shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner.
iv) In case of change of residential address/contact details, the Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:17.11.2022 15:33:40 applicant shall promptly inform the same to the concerned I.O/SHO.
7. The bail application stands disposed of.
8. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J
NOVEMBER 16, 2022/zp
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2022
15:33:40
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2575/2022
NARENDER DAHIYA ..... Petitioner
Through: Mr. Rakesh Chahar and Mr. Karan,
Aggarwal, Advocates
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. Manoj Pant, APP for State.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 16.11.2022
1. The instant application under Section 438 of the Code of Criminal Procedure, 1973 has been filed on behalf of the applicant seeking anticipatory bail in FIR bearing no. 305/2022 dated 24.03.2022, registered at Police Station Begumpur, Delhi for offences punishable under Sections 420/468/471 of the Indian Penal Code, 1860.
2. The brief facts of the case are that the complainant had purchased property bearing no. 2, Block A, Khasra No. 24/21, Pansali Deep Vihar, Delhi from one Ms. Sudha Chabra. However, when the complainant visited the said property, the present applicant along with his other associates came there and extended threats to the complainant for having grabbed his property. As per the complainant, the applicant wanted to grab the said property on the basis of forged chain of documents.
3. Learned APP for the State submits that the applicant has not joined Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:17.11.2022 15:33:40 the investigation. It is further stated that there are certain original documents which are in possession of the applicant and examination of the same is necessary to unearth the conspiracy in the present case.
4. Learned counsel for the accused/applicant states that the present dispute is purely civil in nature and the applicant has been falsely implicated in the present case. It is further stated by the learned counsel that the applicant is ready to join the investigation.
5. Considering the overall facts and circumstances of the case, it is ordered that the applicant will join investigation today at 4:00 pm. It is also ordered that he will cooperate with the Investigating Officer (IO), and in event of arrest, he will be given seven days prior notice.
6. The bail application stands disposed of in above terms.
7. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J
NOVEMBER 16, 2022/zp
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2022
15:33:40
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3390/2022
MAYANK MANCHANDA @ JAANU @ SAHIL ..... Petitioner
Through: Mr. Ravi Bassi, Mr. Sanyam Malik
and Mr. Vikas Shokeen, Advocates
versus
STATE ..... Respondent
Through: Mr. Manoj Pant, APP for the State
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 16.11.2022
CRL.M.A. 23527-28/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
BAIL APPLN. 3390/2022
3. The instant application under Section 439 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner seeking regular bail in FIR bearing No. 189/2022, registered at Police Station Pahar Ganj, Delhi for the offences punishable under Sections 307/201/34 IPC.
4. The brief facts of the case are that on 01.03.2022 at about 10:25 A.M. father of the present applicant was brutally murdered by the complainant, his sons and his younger brother. It was informed by the uncle of the applicant that an FIR bearing no. 188/2022 at Police Station Paharganj, Delhi for the offences punishable under Sections 302/307/34 IPC was registered against Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:17.11.2022 15:33:40 the complainant, his son and his younger brother. All of them were arrested by the police and all are presently lodged in Tihar Jail for murder of the father of applicant. After four hours of registration of the aforesaid FIR, complainant lodged the FIR in question against the applicant, his deceased father and his uncle. Thereafter, on 22.03.2022, accused persons were arrested by the police and uncle of the present applicant/accused was granted bail on 06.04.2022.
5. Issue Notice. Mr. Manoj Pant, learned APP accepts notice for the State.
6. Learned counsel for the petitioner argued that applicant/accused was arrested on 22.03.2023 and he is in custody since then. It is further argued that applicant/accused has clean antecedents and has no involvement in any other case. It is further argued that co-accused namely Sonu @ Vicky Manchanda, who is uncle of the applicant/accused, has already been granted bail vide order dated 06.04.2022 by learned ASJ, Central District, Tis Hazari Courts, Delhi. It is further argued that present case is nothing but an abuse of the process of law despite the fact that father of the applicant/accused was murdered by the complainant and is a counterblast to the murder case registered against the complainant, his sons and younger brother.
7. On the other hand, learned Additional Public Prosecutor for the State submits that a cross FIR was registered against the applicant/accused and the injury is grievous in nature, therefore, the applicant/accused should not be released on bail.
8. I have heard both the learned counsels and perused the material on record.
9. As per prosecution case, on receipt of information, on 01.03.2022 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:17.11.2022 15:33:40 police had reached the spot where two groups were found to have indulged in a fight and both the parties had sustained injury. During the course of treatment, the father of the present accused/applicant passed away due to injuries sustained in that incident. It is stated that the present offence originates from the same incident in question in which the father of the present applicant was murdered. The injuries sustained by the victim in the present case are reported to be grievous in nature. Chargesheet in this case has been filed. The accused is in judicial custody for last eight months.
10. Considering the overall facts and circumstances of the present case, and that the accused/applicant is in custody for the last eight months, this Court is inclined to grant regular bail to the applicant on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions:
i) The applicant shall remain available on mobile numbers; shared by him with the Police.
ii) The applicant shall not leave NCT of Delhi without prior permission of the concerned Trial Court/Successor Court/Link Court/Duty Judge concerned.
iii) The applicant shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner.
iv) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned Court.
11. The bail application stands disposed of.
Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:17.11.2022 15:33:4012. Order be given dasti under the signature of the Court Master.
13. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J NOVEMBER 16, 2022/ns Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:17.11.2022 15:33:40