Rana Paji Bhupinder Singh v. State Govt of NCT of Delhi

1. The present bail application has been moved under Section 439 Cr. PC in case FIR No. 323/2022 registered at PS Khyala, under Sections 323/341/506/34 IPC & 3(1) (S)/ 3(1) (W) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The accused is stated to be in custody since 30.06.2022.

2. It has been submitted that the alleged incident took place on 18.12.2019 whereas the present FIR was registered on 08.03.2022.

3. Learned counsel for the petitioner submits that there are two cross FIRs bearing FIR No. 431/2019 registered at PS Khyala under Sections 323/341/295-A/34-IPOC and 10 POCSO Act and FIR NO. 425/2019 registered at PS Khyala under Sections 323/254 IPC. The said FIRs were registered against the complainant at the instance of the co-accused in the present case Manpreeet Kaur.

4. Learned counsel for the petitioner submits that co-accused Manpreet Kaur Manju and Satvinder Singh have already been granted bail by this Court vide order dated 09.11.2022 and accused Bhupinder Kaur was granted bail by this Court vide order dated 05.04.2023. He thus submits that the present petitioner may be released on bail as well on the grounds of parity.

5. Learned APP for the State has opposed the bail application. Learned APP submits that besides the present FIR, there are two other FIRs which are also pending against the accused persons bearing FIR NO. 336/2019 registered at PS Khyala under Sections 323/354/354b/308/376/34 IPC & 3 SC, ST Act and FIR No. 28/2018 registered at PS Khyala under Sections 325/341 IPC.

6. Ms. Pooja is present before this court. She states that the present accused person may not be admitted to bail as he along with others has misbehaved with her and she has also filed the documentary evidence in this regard.

7. Learned counsel for the petitioner submits that no such allegations exist against the present petitioner. It has also been submitted that the two FIRs as mentioned by the learned APP for the State are not against the petitioner.

8. In these facts and circumstances, on the ground of parity and the fact that the investigation is complete and the charge sheet has been filed, is admitted to bail on furnishing a personal bail bond of Rs.25,000/with a surety of like amount subject to the satisfaction of the learned Trial Court with the following terms and conditions: i. The petitioner shall attend the Trial. ii. The petitioner shall not threaten or intimidate or contact the prosecutrix. iii.The petitioner shall reside at the address given and verified by the IO, and in case of change of address, the fresh address shall be duly intimated to the learned Trial Court and the IO. iv.the petitioner shall provide his mobile number(s) to the Investigating Officer and keep it operational at all times; v. Petitioner shall, in case of a change of mobile number, the appellant shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.

9. The present petition stands disposed of in above terms.

DINESH KUMAR SHARMA, J APRIL 10, 2023