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^ 1 HIGH COURT OF DELHI
BAIL APPLN.1468/2018,Crl.M.(B)1019/2018 & CrLM.A.11605-
606/2018 RAVINDER BHAYANA
Through: ..... Petitioner Mr.Vikram Singh Kushwaha, Mr.David Vijay Thomas, Mr.Roopenshu Prtap Singh, Mr.Pankaj Sharma,Mr.Nikhil -
Borwankar and Mr.Krshik Barua, Advocates.
BAIL APPLN.1468/2018,Crl.M.(B)1019/2018 & CrLM.A.11605-
606/2018 RAVINDER BHAYANA
Through: ..... Petitioner Mr.Vikram Singh Kushwaha, Mr.David Vijay Thomas, Mr.Roopenshu Prtap Singh, Mr.Pankaj Sharma,Mr.Nikhil -
Borwankar and Mr.Krshik Barua, Advocates.
VERSUS
STATE(NCT DELHI) ■
' Respondent 'Through: Ms.Manjeet Arya,APP for State.
' Respondent 'Through: Ms.Manjeet Arya,APP for State.
BAIL APPLN.1470/2018,Crl.M(B)1020/2018 & CrI.M.A.11608-
609/2018 KIRAN BHAYANA Petitioner
Through: Mr.Vikram Singh Kushwaha, ■
Mr.David Vijay Thomas, Mr.Roopenshu Prtap Singh, Mr.Panlcaj Sharma,Mr.Nil-chil
Borwankar and Mr.Krshik Barua, Advocates.
609/2018 KIRAN BHAYANA Petitioner
Through: Mr.Vikram Singh Kushwaha, ■
Mr.David Vijay Thomas, Mr.Roopenshu Prtap Singh, Mr.Panlcaj Sharma,Mr.Nil-chil
Borwankar and Mr.Krshik Barua, Advocates.
VERSUS
STATE(NCT DELHI)
Respondent
Through: Ms.ManjeetArya,APP for State.
Respondent
Through: Ms.ManjeetArya,APP for State.
CORAM; . /
HON'BLE MR,JUSTICE A,K,CHAWLA
ORDER.% 20.06.2018 " : , 2018:DHC:8218 , Subject FIR is the offshoot of the-matrimonial discord. The main accused Vineet iBhayana has already been admitted to bail by the learned M.M. vide order dated 13-"' June, 2018 with the observations and stipulations made.as under;- ' . ■
"On hearing both the sides, this court is ofthe view that the
\ main motive of the 10 seeking two days PC. remdnd of the accused is to recoverjewellery articles. The same can he done without taking police remand. Further, the presence .of the
,. accused can he.sought through other means. Therefore,^ the accused is admittedto hailon hisfurnishingpersonal bondto the tune of Rs.50,000/- (Rupees Fifty Thousand) with two local
^ sureties..in the-like amount. It is further clarified that the
' applicant shall neither approach nor try to influence the prosecution witnesses and in case any such act is complained of
. , against the accused/applicant, the State shall he atliberty to seek
. cancellation ofhis hail The accused/applicant shall also make himselfavailablefor anyfurther inveriigation and also assist the
10infurther investigation. - Accused'is directed to allow the 10 to go to his home
^ , today itselfat about08.00PMand recover thejewellery articles.
The process of recovery of jewellery articles shall he photographed and videographed by'the id.. The accused shall
, accompany the'10 to his home straightway. Further, the 10 is permitted''to break'open the locks if the-accused does not co-
- . . ■ operate. Ld. Counselfor the accuse has consentedfor the same.
' . ' The accused shall also report to the concerned police station on every if'',daystartingfrom tomorrow i.e. 14.06.2018.
The'10submits that thejewellery'is in the lockrisofthe . mother-in-law andfather-in-law of the accused arid the same shall also bepermittedto be Searched". i ■
The applicants are the fatherrin-law and mother-in-law of the
. ' ' ■ complainant. The'learned APP for the State on instructions submits
. that the locker(s) ofthe mother-in-law and father-in-law also require to be.searched for the purposes ofrecovery ofthe wfr/W/zWjewellery etc. belonging to the complainant.
Learned counsel for the petitioners during the course ofhearing submits that the applicants/petitioners shalljoin and cooperate for the opening ofthe locker(s) and the 10 can have a search ofthe locker(s) tomorrow itself, i.e. 2L'June, 2018 at 11 a.m. Let the 10 carry out further search and recover the articles i.e. istridhanl]QyNt\\&cy articles ofthe complainant or on such other day within three days from today for which the applicants/petitioners shall extend full cooperation to the 10.
In view of the assurance so given on behalf of the applicants/petitioners, it is directed that in the event of arrest ofthe applicants/petitioners, they shall be released on bail, on their furnishing bail bond in the sum ofRs.20,000/- with one surety each of the like mount, to the satisfaction of the lO/SHO concerned. It is made clear that the applicants/petitioners, however, shall join the investigation as and when called for by the10. . -
The applications stand disposed ofaccordingly.
A.K.CHAWLA,J JUNE 20,2018 'dc'
ORDER.% 20.06.2018 " : , 2018:DHC:8218 , Subject FIR is the offshoot of the-matrimonial discord. The main accused Vineet iBhayana has already been admitted to bail by the learned M.M. vide order dated 13-"' June, 2018 with the observations and stipulations made.as under;- ' . ■
"On hearing both the sides, this court is ofthe view that the
\ main motive of the 10 seeking two days PC. remdnd of the accused is to recoverjewellery articles. The same can he done without taking police remand. Further, the presence .of the
,. accused can he.sought through other means. Therefore,^ the accused is admittedto hailon hisfurnishingpersonal bondto the tune of Rs.50,000/- (Rupees Fifty Thousand) with two local
^ sureties..in the-like amount. It is further clarified that the
' applicant shall neither approach nor try to influence the prosecution witnesses and in case any such act is complained of
. , against the accused/applicant, the State shall he atliberty to seek
. cancellation ofhis hail The accused/applicant shall also make himselfavailablefor anyfurther inveriigation and also assist the
10infurther investigation. - Accused'is directed to allow the 10 to go to his home
^ , today itselfat about08.00PMand recover thejewellery articles.
The process of recovery of jewellery articles shall he photographed and videographed by'the id.. The accused shall
, accompany the'10 to his home straightway. Further, the 10 is permitted''to break'open the locks if the-accused does not co-
- . . ■ operate. Ld. Counselfor the accuse has consentedfor the same.
' . ' The accused shall also report to the concerned police station on every if'',daystartingfrom tomorrow i.e. 14.06.2018.
The'10submits that thejewellery'is in the lockrisofthe . mother-in-law andfather-in-law of the accused arid the same shall also bepermittedto be Searched". i ■
The applicants are the fatherrin-law and mother-in-law of the
. ' ' ■ complainant. The'learned APP for the State on instructions submits
. that the locker(s) ofthe mother-in-law and father-in-law also require to be.searched for the purposes ofrecovery ofthe wfr/W/zWjewellery etc. belonging to the complainant.
Learned counsel for the petitioners during the course ofhearing submits that the applicants/petitioners shalljoin and cooperate for the opening ofthe locker(s) and the 10 can have a search ofthe locker(s) tomorrow itself, i.e. 2L'June, 2018 at 11 a.m. Let the 10 carry out further search and recover the articles i.e. istridhanl]QyNt\\&cy articles ofthe complainant or on such other day within three days from today for which the applicants/petitioners shall extend full cooperation to the 10.
In view of the assurance so given on behalf of the applicants/petitioners, it is directed that in the event of arrest ofthe applicants/petitioners, they shall be released on bail, on their furnishing bail bond in the sum ofRs.20,000/- with one surety each of the like mount, to the satisfaction of the lO/SHO concerned. It is made clear that the applicants/petitioners, however, shall join the investigation as and when called for by the10. . -
The applications stand disposed ofaccordingly.
A.K.CHAWLA,J JUNE 20,2018 'dc'
JUDGMENT