Sachin Sharma v. State

1. These are the applications under Section 438 ofthe Code of Criminal Procedure, 1973 (Cr. PC)filed by the petitioners for grant ofanticipatory bail.

2. The brieffacts ofthe case are that the victim alleged that approx. 9 years ago, when she was studying, she came in contact with a person, namely, Vijay and they became friends 2019:DHC:7971 and fell in love. Vijay developed physical relations with the victim on the pretext ofmarrying her. In 2014,the victim got pregnant.

3. During investigation, statement of the victim under Section 164, Cr. PC was recorded on 5.2.2019, wherein she stated that one of the friends of Vijay, Sachin Sharma, the petitioner herein in Bail Appn. No.1043/2019,helped Vijayin getting the victim's pregnancy aborted. During investigation, petitioner in Bail Appn. No.1043/2019joined investigation on 4.3.2019.During investigation,it wasfurtherfound that Sachin Shanna, petitioner in Bail Appn. No.1043/2019 and Praveen Sharma, petitioner in Bail Appn. No.1044/2019, both were friends of Vijay. It was further revealed during investigation that Praveen Sharma used to run the New Life Hospital where the victim's pregnancy was aborted.

4. Both the petitioners herein filed the anticipatory bail applications,which were dismissed vide order dated 12.4.2019.

5. Learned APP submitted that the State shall file chargesheet,mostprobably within four weeks.

6. Learned counsel for the petitioners submitted that in these matters, this Court, vide order dated 23.5.2019, passed interim orders and had protected the petitioners, hence, appropriate orders may be passed for protecting the petitioners before the filing ofthe charge-sheet.

7. Learned counsel for the petitioners further submitted that he shall move an application for grant ofregular bail after the filing ofthe charge-sheetbefore the Trial Court.

8. In view ofthe aforesaid facts, the petitioners, in the event oftheir arrest, be released on furnishing personal bonds in the sum of Rs.25,000/-, with one surety each of the like amount to the satisfaction of the SHO/IO till the filing of the charge-sheet. However, if need of arrest arises, the 10 shall give three working days' notice to the petitioners so that they may avail the legal remedy. Meanwhile, the petitioners are directed tojoin and cooperate in the investigation,as and when called by the SHO/IO in writing;that they shall not involve in any activity which may prejudice the prosecution. The petitioners are also directed not to influence the witnesses or tamper with the evidence.

9. Bail applications are disposed ofin above terms. CHANDlll^HEKHAR,J NOVEMBER 07,2019 tp