High Court of Delhi granted differential anticipatory bail, releasing petitioner on bond if arrested, noting dispute over payment and alleged assault.
Petitioner shall be released on bail in case of arrest subject to furnishing a personal bond of Rs. 20,000 with one surety of the like amount.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
JITENDER KUMAR KAUSHIK ..... Petitioner Through Ms. Smarika Azad and Mr. Sanjay Saini, Advs.
Versus
THE STATE NCT OF DELHI ..... Respondent Through Ms. Aashaa Tiwari, APP
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R % 04.10.2018
Learned counsel for the petitioner submits that petitioner and husband
of complainant were known to each other. There were financial transactions between them. Disputes arose regarding payment of `5,00,000/-. In order to avoid payment, present FIR has been lodged by the complainant, alleging therein that the petitioner intercepted her in the Gali and touched her waist and breast.
Learned APP submits that statement under Section 164 Cr.P.C. of the complainant has already been recorded, wherein complainant has corroborated the FIR. It is submitted that petitioner is not entitled to anticipatory bail.
Keeping in mind the totality of facts and circumstances of this case, it is ordered that in case of arrest, petitioner be released on bail subject to his furnishing a personal bond in the sum of `20,000/-(Rupees Twenty
Thousand Only) with one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Officer/SHO concerned.
Bail application is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
OCTOBER 04, 2018 r.bararia
1 issue framed by the court
Whether petitioner is entitled to anticipatory bail in case of arrest in the present cheating and assault case.
1 provisions across 1 enactments
JITENDER KUMAR KAUSHIK
THE STATE NCT OF DELHI
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
