Sh. Brim Singh @ Brim Sain v. The State (N.C.T. of Delhi)

Delhi High Court · 02 Nov 2018 · 2018:DHC:8463
R.K. Gauba
BAIL APPLN.2131/2018
2018:DHC:8463
criminal appeal_allowed

AI Summary

The Delhi High Court granted anticipatory bail to petitioners accused of cheating under Section 420 IPC, subject to deposit of restitution amount and conditions ensuring cooperation with investigation and non-interference with witnesses.

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HIGH COURT OF DELHI
BAIL APPLN.2131/2018
SH.BRIM SINGH@BRIM SAIN Petitioner
Through: Mr.Girish Chaudhary,Adv.
VERSUS
THE STATE(N.C.T.OF DELHI) Respondent
Through: Mr.Amit Ahlawat,APP for the State with SI Santosh Kumar,PS Pandav
Nagar.
BAIL APPLN.2133/2018
SMT.VEER BALA Petitioner
Through: Mr.Girish Chaudhary,Adv.
VERSUS
THE STATE(N.C.T.OF DELHI) Respondent
Through: Mr.Amit Ahlawat,APP for the State with SI Santosh Kumar,PS Pandav
Nagar.
CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
02.11.2018 Allegations about involvement of both the petitioners in the offence under Section 420 IPC which is subject matter of investigation of FIR NO. 244/2018 of police station Pandav Nagar has been lodged, in the wake of which the petitioners apprehending arrest have approached this Court by the present petitions for anticipatory bail.
BAIL APPLN.2131/2018& conn. Page I of3
2018:DHC:8463 On 13.09.2018, petitioner Bhim Singh @ Bhim Sain has submitted through counsel that he is ready to deposit an amount ofRs.70,000/- in the form of fixed deposit receipt in the name of the complainant with the jurisdictional Magistrate and for this purpose time oftwo weeks was sought, it being shown that as per the FIR,the amount of which complainant had been cheated was in the sum ofRs.69,250/-. The petitioner Bhim Singh @
Bhim Sain has submitted an affidavit by Crl.M.A. 35813/2018, the other petitioner Veer Bala, wife of the first mentioned petitioner also having furnished a similar affidavit by Crl. M.A.35812/2018 confirming that fixed deposit receipt, as aforesaid, has been deposited with the Metropolitan
Magistrate.
In the given facts and circumstances,the prayer for anticipatory bail is allowed, it is directed that in the event ofpetitioners Bhim Singh @ Bhim
Sain & Veer Bala being arrested, they shall be released subject to confirmation by the investigating officer from the concerned Metropolitan
Magistrate about the deposit of the afore-mentioned FIR, on bail by the arresting officer,on each ofthem furnishing personal bond in the sum ofRs.
10,000/- with one surety in the like amount subject to the following further conditions:-
(i) The petitioners shall continue cooperating with the investigation andjoin the same as and when called upon to do so;
(ii) The petitioners shall not come in contact with or try to influence any ofthe witnesses connected to the case;
(iii) Prior to their release, they shall give the telephone numbers of selfand ofat least one other responsible family member besidesthat
BAIL APPLN.2131/2018& conn. Page2of3 ofthe surety to the investigating officer;
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against them by the court of cognizance.
The petitions stand disposed ofin above terms.
Dasti under the signatures ofCourt Master.
' .1 R.K.GAUBA,J NOVEMBER 02,2018 nk
BAIL APPLN.2131/2018& conn. Page3of3
JUDGMENT