Lokesh Kumar Mishra v. State of Delhi

Delhi High Court · 04 May 2022 · 2022:DHC:5981
Anoop Kumar Mendiratta
BAIL APPLN.1337/2022
2022:DHC:5981
criminal appeal_allowed

AI Summary

Delhi High Court granted interim bail for one week to petitioners to perform last rites of deceased father-in-law, imposing conditions to safeguard investigation.

Full Text
Translation output
e $-47 and 48 HIGH COURT OF DELHI
BAIL APPLN.1337/2022,CRL.M.A.8182/2022
BABLI Petitioner
Through: Mr.Lokesh Kumar Mishra,Adv.
VERSUS
STATE OF NOT OF DELHI Respondent
Through: Mr. G.M. Farooqui, AFP for State along with SI Parveen Badsara,LOW.
BAIL APPLN.1338/2022,CRL.M.A.8183/2022
SUNIL KUMAR alias SONU Petitioner
Through: Mr.Lokesh Kumar Mishra,Adv.
VERSUS
STATE OF NOT OF DELHI Respondent
Through: Mr. G.M. Farooqui, APP for State along with SI Parveen Badsara,LOW.
CORAM:
HON'BLE MR.JUSTICE ANOOP KUMAR MENDIRATTA
04.05.2022 Matters have been received on transfer.
CRL.M.A.8182/2022 in BAIL APPLN.1337/2022
CRL.M.A.8182/2022 in BAIL APPLN.1337/2022
Exemptions allowed,subject to alljust exceptions.
The applications stand disposed of.
BAIL APPLN.1337/2022
BAIL APPLN.1337/2022
ORDER

1. These two bail applications have been moved under Section 439 Cr.P.C. read with Section 482 Cr.P.C., seeking interim bail for a period of BAIL APPLN. Nos. 1337/2022& 1338/2022 Page 1 of[3] 2022:DHC:5981 s 10 days to the applicants/petitioners in case FIR No.282/2022, urider Sections 308/323/341/427/452/506/509/34 IPG, registered at P:i: New Ashok Nagar, Delhi. Learned APP for the State submits that Section 307 / I IPG has also been invoked.

2. Learned counsel for the petitioners prays for interim bail for performinglastritualsofthedeceased whodied on25.04.2022and isstated to be father-in-law ofthe petitioners.

3. Although, the factum of death has duly been verified by the State, learned APP forthe State opposesthe bail applications on the ground that no p' roleisto be performed bythe petitioners,who arethe sons-in-law,inthelast IP rituals ofthe deceased.

4. Gonsidering the facts and circumstances of the case and for the purpose ofparticipating in the last ritual and ceremonies,which require the presenceoffamily members,boththe petitionersare admittedtointerim bail for a period of01(one)week with effectfrom the date oftheir release,on their furnishing personal bond in the sum of Rs. 25,000/- each (Rupees Twenty Five Thousand) with one surety each in the like amount to the satisfaction of the learned trial court/concerned Metropolitan Magistrate. ^ 7he petitioners are directed to surrender beforethe Jail Superintendentafter the expiry ofperiod ofinterim bailand subjecttofollowingconditions.

(i) The petitioners/applicantsshall providetheir mobile numbersto the Investigating Officer (10) concemed/SHO concerned/concerned trial court at the time of release, which shall be kept in working conditions at all times. The petitioners/applicants shall not switch-off, or change the same withoutpriorintimation duringtheperiod ofhisinterim bail; bailAPPLN.Nos.1337/2022& 1338/2022 ^ ^ V r

(ii) The petitioners/applicants shall not indulge in any criminal activity or any illegal activities during the bail period;

(iii) The petitioners/applicants shall not communicate with,or come into contact with the prosecution witnesses, or any member of the victim's family,or tamper with the evidence ofthe case;

(iv) The petitioners/applicants shall surrender before the Jail

Superintendent after the expiry ofthe period ofinterim bail. A copy of this order be forwarded to learned trial court/concerned Metropolitan Magistrate for information and compliance. f These bail applications are accordingly disposed of.

ANOOP KUMAR MENDIRATTA,J. MAY 4,2022 j BAIL APPLN.Nos.1337/2022& 1338/2022 ^of[3]