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HIGH COURT OF DELHI
BAIL APPLN. 538/2016
ARTI SACHAN Applicant
BAIL APPLN. 538/2016
ARTI SACHAN Applicant
VERSUS
STATE Respondent
BAIL APPLN. 775/2016
SHAYAN AHMAD KHAN Applicant
SHAYAN AHMAD KHAN Applicant
VERSUS
STATE Respondent
Through: Mr Shahid Azad, Ms Meena Sharma, Mr Ashutosh Rana, Advocates for applicants.
Ms Radhika Kolluru, AFP.
Mr Ravi Nayak, APP.
Insp. Pradeep Kumar Paliwal, PS- Sunlight Colony.
Through: Mr Shahid Azad, Ms Meena Sharma, Mr Ashutosh Rana, Advocates for applicants.
Ms Radhika Kolluru, AFP.
Mr Ravi Nayak, APP.
Insp. Pradeep Kumar Paliwal, PS- Sunlight Colony.
CORAM;
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
12.05.2016 The present are applications under Section 438 of the Code of Criminal
Procedure, 1973 (in short 'CrPC') seeking pre-arrest bail in FIR No.88/2016 under Sections 380/406 IPC and Section 66 of the Information Technology Act, 2000, registered at Police Station- Sunlight Colony.
Ms Radhika Kolluru and Mr Ravi Nayak, learned APPs, who appear on behalf ofthe police in the respective Bail Applications, on instructions from the
10 in the subject FIR, namely, Insp. Pradeep Kumar Paliwal, PS- Sunlight
Colony, state that the applicants have joined investigation and are co-operating with it.
It is further urged on behalf of the police that the facts and circumstances
2016:DHC:8249 of the present case do not warrant custodial interrogation of the applicants at this stage. However, it is urged that the applicants bedirected to keep the 10 in the subject FIR informed in the event of any change in their residential addresses or mobile telephone numbers, forthwith.
In the- present case it is observed thattheapplicants are former employees of the complainant who are alleged to have breached the terms of their employment by disclosing details qua the intellectual property which vest in a software. It is further observed that the applicants have clear antecedents and that at this stage there is no apprehension that they shall not be available to stand trial or that they shall tamper with the evidence.
In view of the foregoing the presentapplications are allowed. In the event of their arrest the applicants shall be enlarged on bail on their furnishing personal bond in the sum of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the Arresting Officer/Station House Incharge subject to the following conditions:
(a) That they shall continue to co-operate with the investigation and make themselves available to a police officer as and when called upon to do so.
(b) That they shall not tamper with the evidence.
The applications are disposed ofaccordingly.
SIDII lARTH MRIDUL, J MAY 12,2016 mk\.^' 2016:DHC:8249
12.05.2016 The present are applications under Section 438 of the Code of Criminal
Procedure, 1973 (in short 'CrPC') seeking pre-arrest bail in FIR No.88/2016 under Sections 380/406 IPC and Section 66 of the Information Technology Act, 2000, registered at Police Station- Sunlight Colony.
Ms Radhika Kolluru and Mr Ravi Nayak, learned APPs, who appear on behalf ofthe police in the respective Bail Applications, on instructions from the
10 in the subject FIR, namely, Insp. Pradeep Kumar Paliwal, PS- Sunlight
Colony, state that the applicants have joined investigation and are co-operating with it.
It is further urged on behalf of the police that the facts and circumstances
2016:DHC:8249 of the present case do not warrant custodial interrogation of the applicants at this stage. However, it is urged that the applicants bedirected to keep the 10 in the subject FIR informed in the event of any change in their residential addresses or mobile telephone numbers, forthwith.
In the- present case it is observed thattheapplicants are former employees of the complainant who are alleged to have breached the terms of their employment by disclosing details qua the intellectual property which vest in a software. It is further observed that the applicants have clear antecedents and that at this stage there is no apprehension that they shall not be available to stand trial or that they shall tamper with the evidence.
In view of the foregoing the presentapplications are allowed. In the event of their arrest the applicants shall be enlarged on bail on their furnishing personal bond in the sum of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the Arresting Officer/Station House Incharge subject to the following conditions:
(a) That they shall continue to co-operate with the investigation and make themselves available to a police officer as and when called upon to do so.
(b) That they shall not tamper with the evidence.
The applications are disposed ofaccordingly.
SIDII lARTH MRIDUL, J MAY 12,2016 mk\.^' 2016:DHC:8249
JUDGMENT