Delhi High Court
Tushar Jain vs State Of Nct Of Delhi on 14 December, 2022
Neutral Citation Number 2022/DHC/005825
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 802/2021
TUSHAR JAIN ..... Petitioner
Through: Mr. Prashant Sharma, Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Amit Sahni, APP for the State
with SI Prathibha Yadav, PS Adarsh
Nagar.
% Date of Decision: 14th December, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. This is an application for anticipatory bail in the case of FIR
No.506/2020, Police Station Adarsh Nagar under Section 376 IPC.
2. At the outset, Learned counsel for the petitioner/accused submits that
the present application for anticipatory bail may be treated as an application
for regular bail since the chargesheet has been filed.
3. The facts of this case are peculiar in nature. FIR was lodged on the
statement of the complainant Ms. AA alleging that the applicant established
a physical relationship with her on the false pretext of marriage. Admittedly,
after the lodging of the FIR, the marriage between the
Signature Not Verified
Digitally Signed
By:PALLAVI
VERMA
Neutral Citation Number 2022/DHC/005825
complainant/prosecutrix and the petitioner/accused had taken place and the
parties lived as husband and wife for some time. However, matrimonial
disputes arose and now both parties have taken divorce by mutual consent.
4. The grant of bail requires the consideration of various factors which
ultimately depends upon the specific facts and circumstances of the case
before the Court. There is no straight jacket formula which can ever be
prescribed as to what the relevant factors could be. However, certain
important factors that are always considered, inter alia, relate to prima facie
involvement of the accused, nature and gravity of the charge, severity of the
punishment, and the character, position and standing of the accused
Reliance can be placed on State of U.P. v. Amarmani Tripathi: (2005) 8
SCC 21.
5. In the present case, the petitioner/accused was never arrested by the
Investigating agency. After the investigation, the chargesheet was filed and
the case is at the stage of PE. It is also pertinent to note that the
petitioner/accused is enjoying interim protection from this Court.
6. I consider that in the totality of the facts and circumstances, in event
of arrest, the petitioner/applicant be admitted to regular bail on furnishing a
personal bond in the sum of Rs.20,000/- with one surety of the like amount
to the satisfaction of the learned Trial Court subject to the following
conditions:
a) the Applicant shall under no circumstances leave India without prior
intimation of the Court concerned;
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By:PALLAVI
VERMA
Neutral Citation Number 2022/DHC/005825
b) the Applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case;
c) the Applicant shall provide his/her mobile number(s) to the
Investigating Officer and keep it operational at all times;
d) In case of a change of residential address and/or mobile number, the
Applicant shall intimate the same to the Investigating Officer/ Court
concerned by way of an affidavit.
7. The bail application stands disposed of in the above terms.
DINESH KUMAR SHARMA, J
DECEMBER 14, 2022
st
Signature Not Verified
Digitally Signed
By:PALLAVI
VERMA
