Kamal Chauhan Vs the State (Nct of Delhi)

Learned counsel for the petitioner submits that the wife and children of the petitioner are staying in a rented accommodation. They have not been able to pay the rent since the month of December 2024, and therefore, the landlord has served a legal notice dated 17.03.2025 to the wife of the petitioner to vacate the rented premises on account of non-payment of rent.

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Interim bail is being sought for arranging funds for the payment of rent.

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The application has been opposed by the learned APP, supported by the learned counsels for the complainant. It is submitted that petitioner and witnesses are the residents of the same locality and in case the interim bail is granted to the petitioner, there is apprehension of his influencing and threatening the witnesses. It is further submitted that petitioner has been filing one application after the other for grant of interim bail on one pretext or the other. Hence, considering his role and the allegations qua him, he is not entitled for grant of interim bail.

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Petitioner has been granted interim bail twice before by this Court. On being asked, it is submitted by the learned APP that petitioner did not misuse the grant of interim bail and complied with the conditions of grant of bail.

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Vide order dated 16.12.2024, interim bail application filed by the petitioner was dismissed as withdrawn with liberty to file fresh petition after the testimonies of all the eye witnesses have been recorded.

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Learned APP, under instructions from the IO, has confirmed that the sole eye-witness i.e. father of the victim, has since been examined.

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Having regard to the fact that the family of the petitioner, who is residing in a rented accommodation, has not been able to pay the rent and the petitioner has to make necessary arrangements of funds, the application is allowed and the petitioner is granted interim bail for a period of one week from the date of his release, subject to his furnishing a personal bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of learned trial court/Duty Magistrate, subject to following conditions:-

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i) that petitioner shall appear before the court as and when the matter is taken up for hearing during the interim bail period;

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ii) petitioner shall not leave Delhi/NCR without prior permission of the court;

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iii) petitioner shall provide his mobile number to the IO concerned, which shall be kept in working condition at all time and he shall not change the mobile number without intimation to the IO;

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iv) petitioner shall not try to come in contact either with the complainant or other witnesses;

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v) petitioner shall mark his presence on Monday and Friday during the interim bail period before the IO at PS Prasad Nagar;

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vi) petitioner shall not seek extension of interim bail on account of any reason and shall surrender before Superintendent Jail on the completion of interim bail period.

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Learned APP submits that during the course of verification, the wife of the petitioner has stated that the school fees of the children of the petitioner could not be paid because of financial crunch.

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It is therefore directed that petitioner may avail the period of interim bail not only for the purpose of arranging the funds for the payment of rent but also for the school fees of his children.

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Copy of the order be sent to Superintendent Jail for necessary compliance.

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RAVINDER DUDEJA, J.

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MAY 20, 2025

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RM

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:17:03

Kamal Chauhan v. the State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Kamal Chauhan v. the State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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