Delhi High Court - Orders
Ms. Shweta Alias Chiku vs State on 18 January, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4060/2020
MS. SHWETA alias CHIKU ..... Petitioner
Represented by: Mr.M.K. Duggal, Advocate.
versus
STATE ..... Respondent
Represented by: Mr.Amit Gupta, APP for the State
with SI Manish Kumar, P.S.Prashant
Vihar.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 18.01.2021 The hearing has been conducted through Physical Mode.
1. By this petition, the petitioner seeks regular bail in case FIR No. 142/2018 registered at P.S. Prashant Vihar for the offences punishable under Sections 328/342/384/387/388/398/411/506/120B/174A/34 IPC and Section 25 of the Arms Act.
2. Learned counsel for the petitioner submits that the petitioner was arrested on 4th September, 2019 and out of the nine accused in this FIR, eight accused have been granted regular bail despite allegations against them being more serious than the petitioner. It is further stated that even the three other co-accused who had been declared as Proclaimed Offenders were granted regular bail and thus, the petitioner is also entitled to bail on parity.
3. The above-noted FIR was registered on the complaint of one Jatin Chabra, who stated that he was into the business of construction/renovation and used to visit various sites/properties for the said purposes. On 17 th Signature Not Verified Digitally Signed By:JUSTICE Bail Appln. 4060/2020 Page MUKTA1GUPTA of 3 Signing Date:18.01.2021 20:49:06 March, 2018, he received a message on his Whatsapp from mobile number 9716156171 regarding renovation of a flat which was situated at third floor being Flat No. F-2/124, 3rd Floor, Sector 11, Rohini. When he went to the flat, he met one person, who took him inside. A lady was also present in the said flat and both of them introduced themselves as owner(s) of the property and asked the complainant to inspect the property. They offered him a cold drink after drinking which, the complainant lost consciousness and when he regained consciousness, he found that he was undressed and with the lady. Later on, four men and three women came inside and one of them pointed out gun at him, other pointed out a knife and asked for ₹35 lakhs. They also threatened that they had taken pictures of the complainant with the lady in the compromising position and thus, will implicate him in a false rape case. The complainant gave ₹50,000/- in cash which was in his pocket and ₹6.5 lakhs from his car, however, they demanded more money and a sum of ₹10 lakhs was arranged by his business partner who sent the money through one Ganga Singh at the place where the money was sought. When the complainant came down on the street, he found five more girls and one man standing who were also associates of the accused persons in the flat.
4. The petitioner is one of the accused who was present in the flat. Pistol was allegedly used by one accused Gaurav @ Parveen Tyagi and knife by Lalit. The petitioner initially evaded arrested and was declared as Proclaimed Offender. She was finally arrested on 4th September, 2019, since which date, she is in custody. The call records of the petitioner also reveal that she was present at the place of incident and also at the place from where ₹10 lakhs was to be collected along with her associates.
5. Since all the other co-accused have been granted regular bail even Signature Not Verified Digitally Signed By:JUSTICE Bail Appln. 4060/2020 Page MUKTA2GUPTA of 3 Signing Date:18.01.2021 20:49:06 though three of them had also been declared as Proclaimed Offenders, this Court finds that the petitioner is also entitled to bail on parity.
6. Consequently, the petitioner is directed to be released on regular bail subject to her furnishing a personal bond in the sum of ₹50,000/- with one surety bond of the like amount which surety would be a family member of the petitioner, subject to the satisfaction of the learned Trial Court; further subject to the condition that the petitioner shall not leave NCT of Delhi without the prior permission of the Court concerned and in case of change of mobile phone number and/or residential address, the same will be intimated to the learned Trial Court by way of an affidavit.
7. Petition is disposed of.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
JANUARY 18, 2021/akb Signature Not Verified Digitally Signed By:JUSTICE Bail Appln. 4060/2020 Page MUKTA3GUPTA of 3 Signing Date:18.01.2021 20:49:06