The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The instant bail application under Section 438 of the Code of Criminal Procedure, 1973 has been filed on behalf of the applicant seeking anticipatory bail in FIR bearing No. 434/2021 registered at Police Station Mukherjee Nagar, North West (Delhi) for offences punishable under Sections 376/506/509 of the Indian Penal Code, 1860.

2. This Court vide order dated 30.03.2022 granted interim protection to the petitioner which is continuing till date. This is a matter of the record that charge sheet has already been filed and the trial is taking place.

3. Learned APP for the State on instructions confirmed that the petitioner has joined the investigation and is also now attending the trial.

4. The complainant has appeared through VC and states that even after grant of interim protection, the petitioner has been harassing and intimidating her and she wants to file the reply.

5. I consider that since the charge sheet has already been filed and the petitioner is attending the trial regularly, there is no need of keeping this application pending disposal here.

6. The complainant, if has any grievances regarding threatening or intimidating her may file appropriate application before the learned Trial Court or before the authority for the protection of the witnesses.

7. Since the charge sheet has been filed and the trial is taking place and there is nothing on the record to suggest substantially that the petitioner has misused the liberty in any manner, the present application is disposed of and the petitioner be admitted to Court bail on furnishing of personal bond of Rs 20,000/- with a surety of the like amount to the satisfaction of the learned Trial Court subject to the conditions:

i. The petitioner shall not contact with the complainant/prosecutrix in any manner;

ii. the petitioner shall not directly or indirectly make any inducement, threat or promise to any person/witnesses acquainted with the facts of the case;

iii. the petitioner shall under no circumstances leave India without prior permission of the learned Trial Court concerned;

iv. the Applicant shall provide his mobile number(s) to the learned Trial Court as well as the Investigating Officer and keep it operational at all times; and

v. In case of a change of residential address and/or mobile number, the Applicant shall intimate the same to the Investigating Officer/ learned Trial Court concerned by way of an affidavit.

8. In view of the above, the present bail application stands disposed of.