Allowed

Priya @ Priya Mishra v. State

Delhi HC3 Jul 2020BAIL APPLN./1136/2020

Case brief

AI extract

What is this about?

The High Court of Delhi enlarged the petitioner on interim bail for 30 days conditioned on furnishing a bond of Rs. 15,000, surrendering on expiry, maintaining contact with the IO, and not contacting witnesses, considering the investigation is complete.

What did the court decide?

Enlargement of the petitioner on interim bail for 30 days subject to conditions including bond, surrender, contact with IO, and no contact with witnesses.

Priya @ Priya Mishra Vs State — Bail and Remand | Delhi HC (2020)

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$~B.A. - 1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1136/2020

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PRIYA @ PRIYA MISHRA .....Petitioner

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Through Mr. Vinay Kumar Sharma, Adv.

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versus

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STATE .....Respondent Through Mr. G.M. Farooqi, APP.

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CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER O R D E R % 03.07.2020

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[ Court hearing convened via video-conferencing on account of COVID-19 ]

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Pursuant to the last order i.e. order dated 17.06.2020, a supplementary status report has been filed in the matter.

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A perusal of the supplementary status report, inter alia , does indicate that the co-accused in the case i.e. the ex-husband of the petitioner has been looking after the children, which includes the daughter, one, Ms. Harminie Arora, pursuant to his enlargement on bail.

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2.1 The order enlarging the petitioner’s ex-husband i.e. Mr. Harish Arora, on bail, was passed on 18.05.2020 by the Metropolitan Magistrate, North West District, Rohini, Delhi.

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2.2 Via this order, Mr. Harish Arora was enlarged on interim bail for 45 days.

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Bail Appln. No.1136/2020

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1/3

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Signature Not Verified

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digitally signed byVIPIN KUMAR RAI signing dat e04 .07.2020 07:49

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2.3 The reason given for enlarging the co-accused i.e. Mr. Harish Arora on bail, in the aforementioned order i.e. order dated 18.05.2020, was that since the investigation is complete in the matter and the charge-sheet has already been filed, there was hardly any chance that the accused would tamper with the evidence or threaten the witnesses.

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Clearly, the period of 45 days would expire shortly, if not already expired.

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3.1 In fact, I am informed by Mr. Sharma, counsel for the petitioner, that the ex-husband of the petitioner was required to surrender on 02.07.2020.

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Given the overall circumstances, I am inclined to enlarge the petitioner on interim bail, for a period of 30 days, subject to the following conditions.

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i. The petitioner will furnish a personal bond of Rs. 15,000/- with a surety of like amount to the satisfaction of the concerned duty Magistrate. The surety will be a permanent resident of Delhi.

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ii. The period of interim bail will commence from the date of release of the petitioner.

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iii. The petitioner will surrender to the concerned Jail Superintendent on expiry of the aforementioned period of enlargement.

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iv. The petitioner will establish, every day, telephonic contact with the Investigating Officer.

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v. Needless to add, the petitioner will neither get in touch, directly or indirectly, with any person/witness who is concerned with the trial of the case, nor will she tamper with the evidence.

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Bail Appln. No.1136/2020

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Signature Not Verified

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digitally signed byVIPIN KUMAR RAI signing dat e04 .07.2020 07:49

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vi. Before releasing the petitioner, the concerned Jail Superintendent will work out the modalities with the concerned authorities in the State of Uttarakhand to effectuate directions issued by this Court while keeping in mind the social distancing norms and other protocols put in place in connection with the Coronavirus pandemic.

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vii. The petitioner will provide her mobile number to the concerned Jail Superintendent before being enlarged on bail. The concerned Jail Superintendent will furnish the same to the Investigating Officer.

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The Registry will communicate the order passed today, electronically, to the concerned Jail Superintendent.

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The captioned bail application is disposed of in the aforesaid terms.

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RAJIV SHAKDHER, J

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JULY 03, 2020 pmc/KK Click here to check corrigendum, if any

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Bail Appln. No.1136/2020

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Signature Not Verified

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digitally signed byVIPIN KUMAR RAI signing dat e04 .07.2020 07:49

Priya @ Priya Mishra v. State

Case brief

What is this about?

What did the court decide?

Priya @ Priya Mishra v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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