Delhi High Court - Orders
Angel Gupta vs State Nct Of Delhi on 21 March, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~96
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 912/2024
ANGEL GUPTA ..... Applicant
Through: Mr.Joginder Tuli, Ms.Joshini
Tuli, Ms.Shruti Agarwal,
Ms.Pinki Sah, Mr.Mayank
Shekhar Kushwaha, Advs.
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr.Aman Usman, APP with
Insp.Bijay Kumar.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 21.03.2024 CRL.M.As. 7935-36/2024 (Exemption)
1. Allowed, subject to all just exceptions.
BAIL APPLN. 912/20242. This application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for the applicant to be released on bail in FIR No.430/2018 under Sections 302/120B of the Indian Penal Code, 1860 (in short, 'IPC') registered at Police Station: Bawana.
3. It is the case of the prosecution that the above FIR was registered on receiving an information on 29.10.2018, regarding a lady being shot while she was on her scooty and was driving the same between Daryapur and Bhawana Police Station. Upon reaching the spot, the police found a white colour Activa scooty with the keys still This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/03/2024 at 04:02:09 in it, two bags, helmet, a pair of shoes, blood, and an empty cartridge. Upon enquiry, it was discovered that the injured was shifted to MV Hospital by public persons, but had been declared brought dead by the doctor. In the investigation, it was found that the deceased was a school teacher and the incident took place while she was on her way to school. The brothers of the deceased, when informed of the same, disclosed the existence of an illicit relationship between the husband of the deceased and the Applicant herein. During investigation, amongst other accused persons, the applicant was also confronted with the material on record, being the diary of the deceased, CDR analysis of their mobile phones, images captured, etc., on which they broke down and accepted to have committed this offence. Thus the Applicant and other accused persons were arrested in this case. The accused persons in their statements disclosed that the applicant and the deceased's husband were in a relationship and the applicant wanted to marry him, but since he was already married, he rejected the idea of taking divorce, stating that he belongs to a village and if he takes divorce he will be finished. Upon hearing the rejection of the idea of divorce, the applicant along with the co-accused persons, planned to kill the deceased, for which they hired criminals, who open fired on the deceased, resultantly killing her on 29.10.2018.
4. It is noticed that it is only on 18.01.2024, that after extensive arguments, the applicant had withdrawn her earlier bail application, being Bail Appln. 1350/2023 titled Angel Gupta v. State (NCT of Delhi).
5. The learned counsel for the applicant submits that the change of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/03/2024 at 04:02:09 circumstances is that the applicant had been granted interim bail by the learned Trail Court vide order dated 29.02.2024, and the said indulgence was not misused by the applicant and she surrendered on time as well. He further submits that the applicant also has good conduct and is not a case of flight risk.
6. I have considered the submissions made by the learned counsel for the Applicant.
7. I am of the opinion that none of the above constitutes a sufficient ground to file a fresh bail application within a period of two months of the dismissal of the earlier bail application. The applicant cannot keep filing repeated bail applications one after another, as the right to file successive bail application accrues to the applicant only when there's a material change in circumstances.
8. I must also herein note that the Supreme Court vide its order dated 12.12.2023 passed in Miscellaneous Application No.2599/2023 in Special Leave Petition (Crl) No.6147/2023, titled Vishal @ Johny (in JC) v. State of NCT of Delhi, directed the learned Trial Court to conclude the same within a period of eight months.
9. The learned counsel for the applicant submits that the trial is still not progressing. However, in my opinion, this again cannot be a ground for reconsidering a fresh bail application within a period of two months of the dismissal of the earlier bail application. The learned Trial Court has already been directed by the Supreme Court in the abovementioned order to conclude the trial within a period of eight months, and presently, I see no reason to even presume that the learned Trial Court is not cognizant of the above direction and is not This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/03/2024 at 04:02:10 making full endeavour to conclude the trial.
10. Merely because the applicant was released on interim bail, which indulgence she did not misuse, is also not a ground to release the applicant on bail, especially in view of the above-mentioned orders.
11. Accordingly, I find no merit in the present application. The same is dismissed.
NAVIN CHAWLA, J MARCH 21, 2024/Arya/am Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/03/2024 at 04:02:10