Kirti @ Pooja vs State
2019 Latest Caselaw 5627 Del

$~13
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                             Decided on 14.11.2019
+      BAIL APPLN. 2435/2019
       KIRTI @ POOJA                                ..... Petitioner
                          Through      Mr. Jatan Singh, Mr. Pawan
                                       Madhukar, Mr. Gajraj Singh
                                       and Mr.Dhirender Yadav,
                                       Advocates
                          versus

       STATE                                         ..... Respondent
                          Through      Ms. Neelam Sharma, APP
                                       for the State with SI Amit
                                       Kumar, P.S.: Subhash Place
                                       Ms. Sakshi Sachdeva,
                                       Advocate for Complainant

       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J. (ORAL)

1. This is an application under Section 439 CrPC filed by the petitioner for bail in FIR no. 179/2019, u/s. 392/397/411/34 IPC PS Subhash Place.

2. Learned Counsel for the petitioner has prayed for bail on the ground that petitioner is innocent and has been falsely implicated.

Bail Appl. 2435/2019 Page no.1 of 3

3. On the other hand, learned APP has opposed the bail application and submitted that offence alleged against the petitioner is serious in nature. Two gold chains have been recovered from her possession. Learned APP further states that the petitioner is involved in another case bearing FIR No. 180/2019 under Sections 307/186/353/332/34 IPC & 25/27/54/59 Arms Act. She, therefore, requests for dismissal of the bail application.

4. On the contrary, Learned counsel for the petitioner states that in the case mentioned above i.e. FIR 180/2019, the petitioner has already been granted bail. He further submits that co-accused is alleged to have been fired in the said case and not the petitioner.

5. I have considered the rival submissions. The petitioner was a pillion rider. Her case is different from the co-accused against whom the allegations are serious in nature and who had shown the katta to the complainant and committed the offence. Petitioner is in J/C since 13.06.2019. She is no more required in the present case for the purpose of recovery. Chargesheet has already been filed. Even the charges are framed against the petitioner. Keeping in view the facts and circumstances of the case, petitioner is released on bail on her furnishing a personal bond in the sum of Rs. 15,000/- with one surety in the like amount to the satisfaction of the Leaned Trial Court subject to the condition that she will not contact and approach the victims. The bail application is disposed of accordingly. Copy of the order be sent to Learned Trial Court. Copy of the order be also

Bail Appl. 2435/2019 Page no.2 of 3 given dasti to learned counsel for the petitioner.

                                               BRIJESH SETHI, J
NOVEMBER 14, 2019
AP




Bail Appl. 2435/2019                                 Page no.3 of 3