Devender Tyagi v. State of NCT Delhi

Delhi High Court · 11 May 2018 · 2018:DHC:3137
Sanjeev Sachdeva
BAIL APPLN. 363/2018
2018:DHC:3137
criminal appeal_allowed

AI Summary

The Delhi High Court granted anticipatory bail with conditions in a rape case pending trial court cognizance, directing the petitioner to seek regular bail thereafter.

Full Text
Translation output
BAIL APPLN. 363/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 11.05.2018
BAIL APPLN. 363/2018
DEVENDER TYAGI ..... Petitioner
versus
STATE OF NCT DELHI ..... Respondent Advocates who appeared in this case:
For the Petitioner : Mr. Vinod Diwakar with Mr. Dhanesh Dhotre with
Ms. Titsha Banerjee, Advocates For the Respondent : Mr. G.M. Farooqui, APP for the State.
Ms. Priyanka, PS Mukherjee Nagar.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
11.05.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks anticipatory bail in FIR No.439/2016 under Section 376 IPC, Police Station Mukherjee Nagar.

2. The petitioner was granted interim protection by order dated 15.02.2018. Subsequently, charge sheet has been filed on 09.05.2018.

3. Learned counsel for the petitioner submits that since charge sheet has been filed, the petitioner shall be approaching the concerned 2018:DHC:3137 Court for seeking regular bail in terms of the decision of the Supreme Court dated 27.03.2018 in SLP (Crl.) 1428/2018 titled Satpal Singh vs. State of Punjab.

4. In view of the above, the petition is disposed of with the directions that, in the event of arrest, the petitioner shall be released on bail on his furnishing a bail bond in the sum of Rs. 25,000/- and one surety of the like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO. The petitioner shall not do anything which may prejudice either the prosecution witnesses or the trial. The petitioner shall not leave the country without the permission of the Trial Court. The petitioner shall not endeavour to contact either the prosecutrix or her family.

5. It is clarified that this order will enure to the benefit of the petitioner till cognisance is taken by the trial court and thereafter, the petitioner would be obliged to seek regular bail.

6. The petition is, accordingly, disposed of in the above terms.

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

SANJEEV SACHDEVA, J MAY 11, 2018 st