Virender Singh Kanwar v. State of NCT of Delhi

1. The petitioner seeks anticipatory bail in case FIR No. 137/1991 under Sections 147/148/149/302/395/397/427/436/201/120-B of IPC, registered at Police Station Shahdara, (now PS Welcome), Delhi.

2. Learned counsel for the petitioner relies on the judgment dated 10.04.2018 in Bail Application No. 537/2018 titled as ‘Kailash Chand Jain Vs. State’ granting bail to another co-accused and claims parity. 2018:DHC:3457 He submits that in identical circumstances, granting parity to coaccused Kalicharan, the said co-accused was granted bail.

3. Following the reasoning in judgment dated 10.04.2018, I am of the view that the petitioner is also entitled to be released on bail on the ground of parity.

4. Accordingly, in the event of arrest, the petitioner shall be released on bail by the Investigating Officer/Arresting Officer/SHO/concerned MM on his furnishing a personal bond in the sum of Rs. 75,000/- with one surety of like amount to the satisfaction of the IO/SHO/Arresting Officer/concerned MM, subject to the conditions that; i) He shall not leave the country without the permission of the learned trial court; ii) He shall not intimidate the complainant and the witnesses in any manner; iii) He shall not tamper with the evidence; iv) He shall not commit any offence whatsoever; and v) He shall diligently appear before the trial court.

5. Further, it is directed that the petitioner shall not do anything, which shall either prejudice the trial or the prosecution witnesses. The petitioner shall not leave the country without permission of the Trial Court.

6. The petitioner is directed to appear before the Investigating Officer as and when so required by the IO.

7. Without commenting anything on merits of the case of either party, the Petition is disposed of in the above terms.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J MAY 24, 2018 ‘rs’