Chander Prakash Verma v. State

Delhi High Court · 12 Mar 2019 · 2019:DHC:1494
Sanjeev Sachdeva
BAIL APPLN. 617/2019
2019:DHC:1494
criminal appeal_allowed

AI Summary

The Delhi High Court granted interim bail on custody parole to the petitioner for solemnizing his marriage under strict conditions despite prosecution’s apprehension of absconding.

Full Text
Translation output
BAIL APPLN.617/2019
HIGH COURT OF DELHI
JUDGMENT
delivered on: 12.03.2019
BAIL APPLN. 617/2019
CHANDER PRAKASH VERMA ..... Petitioner
versus
STATE ..... Respondent Advocates who appeared in this case:
For the Petitioner : Mr. Aabid Ujer with Mr. Raj Kumar, Advocates.
For the Respondent: Mr. Hirein Sharma, APP for the State.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks interim bail in FIR No.79/2019 under Sections 380/381/411/34 IPC, Police Station Nihal Vihar on the ground of his marriage, which is scheduled for 13.03.2019.

2. Learned APP for the State, under instructions, submits that the factum of marriage has been verified and as per the communication received from Mr. Anil Kumar, Pradhan, Gram Panchayat, marriage is scheduled on 13.03.2019.

3. By order dated 14.02.2019, petitioner has been directed to be released on custody parole. 2019:DHC:1494 BAIL APPLN.617/2019

4. Learned counsel for the petitioner submits that solemnization of marriage in police custody would not be conducive to the family life of the petitioner.

5. Learned APP for the State under instructions submits that there is an apprehension that the petitioner may abscond as two of the other coaccused are already absconding and are not traceable. He submits that neither the petitioner nor his family is permanent resident of Delhi and it would be very difficult to trace the petitioner, in case he absconds.

6. Learned APP for the State under instructions submits that the petitioner is involved in two other cases of similar nature.

7. Keeping in view the totality of facts and circumstances of the case, order of the Trial Court dated 07.03.2019 is modified to the extent that the applicant would be released on custody parole till 15.03.2019 and shall be taken on 13.03.2019 at 9 am to the place of marriage as per the copy of the wedding invite, however, the accompanying officers shall be in plain clothes. He shall be brought back to Delhi on 15.03.2019 by 6 pm.

8. Petition is disposed of in the above terms.

9. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J MARCH 12, 2019