High CourtsSingle Bench(2023) 04 DEL CK 1256

Jagdish Prasad vs State NCT Of Delhi & Anr.

Delhi High Court · Decided on 5 April 2023

HON’BLE JUDGES
Dinesh Kumar Sharma, J
CASE NUMBER
BAIL APPLN. 584/2022 and CRL.M.A. 20698/2022

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Judgment

12 paragraphs · 352 words

DINESH KUMAR SHARMA, J. (Oral)

1.

Learned Addl. PP for the State has handed over the status report of Inspector Sanjay Dahiya. Let the status report be brought on record.

2.

As per status report it has been stated that the petitioner would be residing at A-331, Raghuveer Nagar, New Delhi which is different from the locality where the prosecutrix resides.

3.

It is has been submitted that the address which has been provided is stated to be of the sister of the petitioner namely Gulab W/o Natthu Dass whose statement has also been recorded. This court had considered the submissions of the petitioner vide order dated 19.09.2022 and the present order may be read in the continuation of the same.

4.

The petitioner is stated to be 74 years of age and is in custody since around last 4 years. It was also recorded that all the material witnesses have already been examined. Learned counsel for the petitioner undertakes that the petitioner would not in any manner contact the prosecutrix or her family nor will tamper with the evidences.

5.

Taking into account the period of incarceration, the age of the petitioner and the fact that the material witnesses have already been examined, let the petitioner be admitted to regular bail on furnishing a personal bond of 25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court subject to the following terms and conditions:

i.

The petitioner shall attend the proceedings before the learned Trial Court.

ii.

The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

iii.

The petitioner shall not threaten or intimidate or contact the prosecutrix or any other members of the family of the prosecutrix or any prosecution witness.

iv.

The petitioner shall reside at the address given and verified by the IO.

v.

The petitioner shall provide his mobile number(s) to the Investigating Officer and keep it operational at all times;

6.

The present petition along with the pending application(s) stands disposed of in the above terms.