Amit v. The State (NCT of Delhi)

Delhi High Court · 09 Dec 2015 · 2015:DHC:10872
S. P. Garg
BAIL APPLN. 1504/2015
2015:DHC:10872
criminal appeal_allowed

AI Summary

The Delhi High Court granted anticipatory bail to petitioners accused under Sections 376 and 498A IPC, conditioning bail on cooperation with investigation and payment of Rs. 2 lakhs to the complainant.

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$-16 & 17 HIGH COURT OF DELHI
BAIL APPLN. 1504/2015
AMIT Petitioner
Through : Mr.Vinay K.Sharma, Advocate with Mr.Utham Singh, Advocate.
VERSUS
THE STATE (NCT OF DELHI) Respondent
Through : Mr.Amit Ahlawat, APP with SI Seema.
Mr.S.Sehgal, Advocate for the complainant.
AND
BAIL APPLN. 1589/2015
MAHABIRPRASAD Petitioner
Through : Mr.Vinay K.Sharma, Advocate with Mr.Utham Singh, Advocate.
VERSUS
THE STATE (NCT OF DELHI) Respondent
Through : Mr.Sudershan Joon, APP with SI Seema.
Mr.S.Sehgal, Advocate for the complainant.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
ORDER o/„ 09.12.2015
JUDGMENT

1. The petitioners seek anticipatory bail under Section 438 Cr.P.C. in case FIR No.559/2015 registered under Sections 376/498A/34 IPG at PS Najafgarh. Status report is on record. BAILAPPLN. 1504/2015 &connectedmatter 1 2015:DHC:10872 i

2. I have heard the learned counsel for the parties including the counsel for the complainant and have examined the file. Vide orders dated 29.07.2015 & 05.08.2015 respectively the petitioners were granted interim protection and were directed to join the investigation as and when required. Undisputably, the petitioners have joined the investigation since then. During the course of arguments, it is informed that certain dowry articles have already been returned by the petitioners to the complainant. Learned counsel for the petitioners has voluntarily agreed to pay ?2 lacs to the complainant without prejudice and subject to future adjustment (ifany) towards dowry articles. On this, learned counsel for the complainant has no objection to the grant ofbail without prejudice.

3. Considering the facts and circumstances of the case, the petitioners are granted anticipatory bail and in the event ofarrest, they be released on furnishing personal bond in the sum of?50,000/- with one surety each in the like amount to the satisfaction of the SHO/Investigating officer subject to payment of ?2 lacs to the complainant within fifteen days through the Investigating Officer. They shall, however, join the investigation as and when required.

4. The bail applications stand disposed of. iP.GARG, J DECEMBER 09,2015 / tr BAIL APPLN. 1504/2015 &connectedmatter page 2 of[2]