Nitin Rana vs The State (Govt. Of Nct, Delhi)
2019 Latest Caselaw 236 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                             Date of Order: January 14, 2019
+      BAIL APPLN. 1971/2018
       NITIN RANA                                       .....Petitioner
                          Through:      Mr. Sumit Choudhary and
                                        Ms. Aakansha Bansal, Advocates
                          Versus
       THE STATE (GOVT. OF NCT, DELHI)            .....Respondent
                     Through: Mr. M.S. Oberoi, Additional
                               Public Prosecutor with SI Vijay
                               Kumar
                               Mr. Rishi Manchanda and Mr.
                               Jagdish Sethi, Advocates with
                               complainant in person

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                          ORDER

(ORAL)

Petitioner seeks pre-arrest bail in FIR 227/2017, under Sections 498-A/406/34 IPC at P.S. Prashant Vihar, Delhi. While entertaining this petition, petitioner was directed to join the investigation and interim protection from his arrest was granted. Vide order of 23rd August, 2018 status report was sought, which has been handed over by learned Additional Public Prosecutor for respondent-State and it is taken on record.

Learned counsel for petitioner submits that whatever dowry articles were there with petitioner, have been returned to complainant of this FIR.

Perusal of status report reveals that dowry articles have been returned, but there is no reference to the jewellery items.

Learned Additional Public Prosecutor submits that there are receipts regarding jewellery items worth ₹7,00,000/- which are to be returned by petitioner. This is disputed by petitioner's counsel.

During the course of hearing, petitioner's counsel submitted that without prejudice to the rights of petitioner, to show the bona fide, FDR of ₹7,00,000/- in the name of the trial court would be deposited by petitioner with the trial court within four weeks.

Let it be so done.

Without commenting on the merits of the case, interim order of 23rd August, 2018 is made absolute. In the event of arrest, petitioner be admitted to bail subject to his furnishing bail bond in the sum of ₹20,000/- with one local surety in the like amount to the satisfaction of the Investigating Officer. It is made clear that if petitioner does not comply with the aforesaid voluntary undertaking given to this Court, then the State/complainant can seek the cancellation of this order.

This application is accordingly disposed of Dasti.

(SUNIL GAUR) JUDGE JANUARY 14, 2019 v