DINESH KUMAR SHARMA
Surinder Dhall – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--These are the petitions seeking anticipatory bail in Case FIR No. 205/2022 under Section 498A/406/354/323/506/509/34 IPC registered at P.S Pahar Ganj.
2. The petitioners were granted interim protection by this court vide order dated 01.06.2022.
3. It is pertinent to mention here that the petitioner Nitin Dhall, husband of respondent/complainant had undertaken to pay the school fees of the child in terms of order dated 23.03.2022 in CRL.REV. 207/2022, passed by the court of learned ASJ, Tis Hazari, Central District.
4. Learned counsel for the petitioners undertake that the petitioner Nitin Dhall will continue to pay total increased school fees subject to the orders passed in the revision petition.
5. Learned APP has informed that charge-sheet in this case has already been filed and since the charge-sheet has been filed the present petitions have become infructuous and the petitioners may move an appropriate application before the learned Trial Court.
6. Learned counsel for complainant has also submitted that there is an outstanding of Rupees Seven Lakhs. However, Sh. Jatan Singh, learned counsel for petitioner submits that entire amount h
The court considered the filing of the charge-sheet and the state's stance on custody of the accused in granting anticipatory bail, along with imposing specific conditions for the bail.
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
The main legal point established is the grant of anticipatory bail under Section 438 Cr.P.C. in a case involving serious allegations, with specific conditions to ensure cooperation in the investigati....
The court's decision was influenced by the compliance of the petitioner with the court's order and the admission by the state counsel that the petitioner is no longer required for further investigati....
The recovery of the disputed amount cannot be a prerequisite for the grant of bail, especially when no custodial interrogation is needed.
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