Kamna vs State (Govt Of Nct Of Delhi)
2016 Latest Caselaw 2012 Del

#8
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 14.03.2016

+        BAIL APPLN. 2510/2015

         KAMNA                                    ..... Applicant
                          Through     Mr. Tarunjeet Singh, Advocate along
                                      with applicant

                          versus

         STATE (GOVT OF NCT OF DELHI)      ..... Respondent

Through Mr. M.S. Oberoi, APP for State SI Rampal Yadav, PS Nihal Vihar

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

1. The present is an application under section 438 of the Code of

Criminal Procedure, 1973 (Cr.P.C.) seeking pre-arrest bail in FIR No.

808/2015, under Section 308 IPC, registered at Police Station- Nihal Vihar,

Delhi.

2. Mr. M.S. Oberoi, learned APP appearing on behalf of the official

respondent, on instructions from the Investigating Officer in the subject FIR

namely SI Rampal Yadav, Police Station- Nihal Vihar, Delhi states that the

applicant has since joined investigation and is co-operating with it.

3. A perusal of the subject FIR reveals that it came to be registered on a

complaint instituted by the applicant's neighbour- Smt. Rampati, the

complainant herein alleging that the applicant had attacked the latter.

4. The applicant's assertion is that the complaint that led to the

registration of the subject FIR is patently wrong and she has been falsely

implicated in it.

5. In the present case, it is observed that the applicant has clean

antecedents and is not involved in any other case.

6. It is also observed that the applicant has a child of two and a half years

of age and has roots in the society.

7. At this stage, there is neither any hint nor allegation that the applicant

shall not be available to stand trial or that she may attempt to tamper with the

evidence or try to influence the witnesses in the subject FIR.

8. In my view, no useful purpose shall be served by requiring the

custodial interrogation of the applicant herein.

9. In view of the foregoing, the present bail application is allowed.

10. In the event of applicant's arrest, she shall be released on bail on her

furnishing a personal bond in the sum of Rs. 15,000/- with one surety of the

like amount to the satisfaction of the Arresting Officer/Station House In-

charge subject to the further conditions:-

(i) That she shall continue to co-operate with the investigation and make herself available for questioning to a Police Officer as and when called upon to do so.

(ii) That she shall not try and influence witnesses or approach the complainant or tamper with the evidence in the subject FIR.

(iii) That the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the present case so as to dissuade them from disclosing such facts to the Court or to any other authority.

11. With the above directions, the present bail application is disposed of.

SIDDHARTH MRIDUL, J MARCH 14, 2016 SD