Bhupender Kaur v. State of NCT of Delhi & Anr.

1. The present bail application has been filed on behalf of petitioner. The petitioner is stated to be custody since 30.06.2022 in case F.I.R. No. 323/ 2022 dated 17.03.2022 registered under Section 323/354/354(B)/506/509/34 IPC & Section 3(1)(s), 3(w) & (i) of the SC/ST Act.

1. Learned counsel for the petitioner submits that the alleged incident took place on 18.12.2019 and the FIR No. 431/2019 dated 18.12.2019 PS Khyala U/s 323/341/354/506/295A/34 IPC and FIR No. 425/2019 dated 15.12.2019 U/s 354/354(B)/323/509/506/34 IPC were registered against the present complainant at the instance of Manpreet Kaur.

2. Learned counsel for the petitioner submits that the present FIR NO. 323/2022 was lodged on 17.03.2022 as a counterblast to the cases registered against the complainant.

3. It has been further submitted that the co-accused Manpreet Kaur and Satvinder Singh have already been granted bail vide order dated 09.11.2022 and the role of the present petitioner is identical to that of Manpreet Kaur, Manju and Satvinder Singh.

4. Learned Addl. PP for the State has opposed the bail application on the ground that two of the accused persons namely Satnam and Manmeet are still absconding.

5. Learned Addl. PP for the State submits that the petitioner is residing in the same locality and therefore there is an apprehension that the applicant may induce, threaten the complainant and the other witnesses.

6. It has been further submitted that though the chargesheet has been filed, further investigation is in progress.

7. I have considered the submissions. It is a matter of fact that the date of incident is 18.12.2019 and the present FIR was lodged on 17.03.2022.

8. The co-accused have already been admitted to bail by this court, in the circumstances, the petitioner is admitted to bail on furnishing a personal bond of 30,000/- with one surety of the like amount 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 5, 2023