Allowed

Jai Prakash v. the State NCT of Delhi

Delhi HC25 Oct 2018BAIL APPLN./2015/2017

Case brief

AI extract

What is this about?

Judge Gauba granted anticipatory bail to the petitioner in a dowry harassment case involving Sections 498A, 406 IPC, and 34 IPC. The bail was released on conditions including cooperation with investigation, no contact with witnesses, and transparency with the investigating officer.

What did the court decide?

Petitioner enlarged on anticipatory bail on personal bond of Rs. 20,000 with one surety, subject to conditions of cooperation and non-influence of witnesses.

Jai Prakash Vs the State NCT of Delhi — Dowry and Cruelty | Delhi HC (2018)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 2015/2017 & Crl.M.A. 16469/2017

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JAI PRAKASH ..... Petitioner Through: Mr. Vijay Chauhan, Adv.

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Versus

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THE STATE NCT OF DELHI ..... Respondent Through: Mr. K.S. Ahuja, APP for the State with SI Harpal Singh, PS Paharganj. Ms. Inderjeet Sidhu, Adv. for complainant.

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CORAM: HON'BLE MR. JUSTICE R.K.GAUBA

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O R D E R % 25.10.2018

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Supplementary status report filed.

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This bail application was submitted in October, 2017 and has remained pending now for more than one year. The parties were referred to mediation but they could not resolve the dispute amicably. During the course of investigation, some dowry articles were seized as per report submitted earlier which was taken note of by proceedings recorded on 21.05.2018.

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The supplementary status report reveals that some further seizures have been made. Though, it also discloses that the petitioner had handed over only one golden ring on 07.09.2018 on the remainder of the streedhan BAIL APPLN. 2015/2017 page 1 of 3

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articles, this being followed by certain further seizures during house search carried out on 14.10.2018, given the fact that the case involves offences under Sections 498A/406/34 IPC and the petitioner has been availing of protection against arrest till date joining investigation, the denial of bail being the exception, it is deemed just and proper that he be enlarged on anticipatory bail subject to appropriate conditions so that the investigating process does not get hampered.

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Thus, the petition is allowed , it is directed that in the event of the petitioner being arrested, he shall be released on bail by the arresting officer on furnishing personal bond in the sum of Rs. 20,000/- with one surety in the like amount subject to the following further conditions:-

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(i) The petitioner shall continue cooperating with the investigation and join the same as and when called upon to do so;

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(ii) The petitioner shall not come in contact with or try to influence any of the witnesses connected to the case;

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(iii) Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer;

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(iv) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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This order will inure only till the date of first appearance of the petitioner in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against him by the court of BAIL APPLN. 2015/2017 page 2 of 3

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page 2 of 3

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cognizance.

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The petition stands disposed of in above terms.

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Dasti.

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R.K.GAUBA, J

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OCTOBER 25, 2018 Nk

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BAIL APPLN. 2015/2017

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Jai Prakash v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Jai Prakash v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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