Delhi High Court
Nitesh Arora vs State Govt. Of N.C.T.Delhi on 18 July, 2018
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 18.07.2018
+ BAIL APPLN.217/2018
NITESH ARORA ..... Petitioner
versus
STATE GOVT. OF N.C.T.DELHI ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr.Shashi Shanker, Adv.
For the Respondent: Mr. Raghuvinder Verma, APP for State
Mr.Gaurav Mehra, Adv. for the complainant.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
18.07.2018
SANJEEV SACHDEVA, J. (ORAL)
BAIL APPLN.217/2018 & Crl.M.A.8245/2018
1. The petitioner seeks anticipatory bail in FIR No. 511 of 2017 under
Sections 498A/406/34 IPC, Police Station: Kashmere Gate, Delhi. Subject
FIR emanates out of a matrimonial discord.
2. By order dated 29.01.2018 petitioner was granted interim protection.
Learned APP under instructions submits that the petitioner had joined
investigation as and when he was called for. The Investigating Officer
further states that the petitioner had offered to return some of the dowry
articles, however, the same were refused by the complainant.
3. Learned counsel for the complainant submits that there were valid
reasons for refusal of the same as there was discrepancy of the articles
which were sought to be returned.
4. In so far as the investigation is concerned, the same is said to be
going on.
5. In the meantime, petitioner has filed the subject application seeking
permission to travel to United States of America for an assignment for
which he has been appointed by his company.
6. As per the petitioner the petitioner has to work in the New Jersey
office of his employer which is Optum Global Solution Pvt Ltd and the
assignment is to commence on July 23, 2018 for a period of 180 days. It is
also mentioned that the Visa of the petitioner is due to expire on 31.10.2018
and its extension would be applied once he reached USA.
7. Learned counsel for the petitioner under instructions submits that the
petitioner shall duly return after the expiry of the period of assignment
which ends on 23.01.2019. He further states that in case the Visa is not
extended by the US authorities he shall return to India.
8. He further submits that in case there is a necessity for the petitioner
to return to India for the purposes of joining investigation, he would be in a
position to take leave and come for a day or so for the purpose of joining
investigation.
9. The certificate from his employer along with other documents have
been filed. The same are taken on record.
10. Purpose, period of travel and other documents have been verified by
the Investigating Officer.
11. In view of the above, the application is allowed. Petitioner is
permitted to travel to United States of America for the purpose of his
assignment which is to continue for 180 days. Petitioner shall return the
India on completion of the assignment on 23.01.2019, within a period of
one week thereafter and in case his Visa is not extended on or before
31.10.2018.
12. Within a period of two days of his return, the petitioner shall duly
report to the Investigating Officer. Petitioner shall also join investigation as
and when so called for by the IO, however, IO shall call the petitioner only
if it is necessary.
13. Keeping in view the totality of facts and circumstances of the case as
well as the record, I am of the view that petitioner has made out a case for
grant of anticipatory bail.
14. In the event of arrest, petitioner shall be released on bail by the
Investigating Officer/Arresting Officer/SHO on petitioner furnishing a
personal bond in the sum of Rs.25,000/- with two sureties of the like
amount to the satisfaction of the Investigating Officer/Arresting
officer/SHO.
15. The application and petition are disposed of in the above terms.
16. Order Dasti under signatures of the Court Master.
JULY 18, 2018/rk SANJEEV SACHDEVA, J
