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Capt Simranjit Singh Sambhi vs State (Nct Of Delhi) on 20 December, 2021

Author: Subramonium Prasad

Bench: Subramonium Prasad

                          $~4
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     BAIL APPLN. 886/2021
                                CAPT SIMRANJIT SINGH SAMBHI              ..... Petitioner
                                             Through   Mr. K.K. Manan, Sr. Advocate with
                                                       Ms. Uditi Bali, Advocate

                                                    Versus

                                STATE (NCT OF DELHI)                                ..... Respondent
                                              Through             Ms. Meenakshi Chauhan, APP with
                                                                  W/ASI Saroj, P.S.Tilak Nagar
                                                                  Mr. Shikhar Tandon, Advocate for the
                                                                  prosecutrix with prosecutrix in
                                                                  person.

                                CORAM:
                                HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                             ORDER

% 20.12.2021

1. This petition under Section 438 Cr.P.C is for grant of bail to the petitioner in the event of arrest in FIR No: 143/2021 dated 02.03.2021 registered at Police Station Tilak Nagar for offences under Sections 376(2)(n) IPC.

2. Mr. K.K. Manan, learned Senior Counsel appearing for the petitioner, states that the instant case arises out of a promise to marry and the parties have already entered into a settlement. He states that the charge-sheet has been filed and, therefore, there is no necessity for the custodial interrogation of the petitioner.

3. Ms. Meenakshi Chauhan, learned APP for the State, submits that she has no instructions regarding the factum of compromise.

4. Mr. Shikhar Tandon, learned counsel appearing for the complainant, acknowledges the fact that the matter has been amicably settled between the parties.

5. In view of the fact that charge-sheet has been filed and the fact that the matter has been amicably settled between the parties there is no apprehension of the petitioner tampering with evidence or influencing the witnesses, this Court is inclined to grant bail to the petitioner in the event of arrest on the following conditions:

a) The petitioner shall furnish a personal bond in the sum of Rs.35,000/- with one surety of the like amount, to the satisfaction of the Trial Court;

b) The Memo of Parties shows that the petitioner is residing at 11/363, Sunder Vihar, Delhi- 110087. The petitioner is directed to reside at the same address. In case of any change of address, the petitioner is directed to inform the same to the Investigating Officer;

c) The petitioner shall not leave NCT of Delhi without the prior permission of the Trial Court till further orders. However, the petitioner who is present in person states that he has to go to Bombay tomorrow i.e. 21.12.2021 and he will return on 24.12.2021. In view of the above, the petitioner is permitted to go to Bombay on 21.12.2021.

d) The petitioner is directed to give all his mobile numbers to the Investigating Officer and keep them operational at all times;

e) The petitioner shall not, directly or indirectly, tamper with evidence or try to influence the witnesses in any manner;

6. Be it noted that the observations made in this order are only for grant of bail and not on the merits of the case.

7. The application stands disposed of along with all the pending application(s), if any SUBRAMONIUM PRASAD, J DECEMBER 20, 2021 Rahul BAIL APPLN. 886/2021 Page 3 of 3