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Santosh Kumar Vs. State

Santosh Kumar vs State

Type Court Judgment Court Delhi Decided Oct 04, 2001
~2 min read
https://sooperkanoon.com/case/709781

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Crl. M. (M) No. 1163/2001
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code, 1973 - Section 438--Anticipatory bail--Offence under Sections 406/498A IPC--Petitioner has already participated in the investigations and the dispute is only with regard to the Istridhan articles--Petitioner is ready and willing to pay Rs. 50,000/- towards her claim of unrecovered Istridhan ...

Key legal issue
Criminal
Acts & sections
Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code (IPC) - Sections 406 and 498A

Parties & Advocates

Appellant / Petitioner

Santosh Kumar

Advocate Pawan Sharma, Adv.; Rakesh Sherawat, Adv

Respondent

State

Advocate Sanjay Sahay, Adv.

Legal References

Acts
Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code (IPC) - Sections 406 and 498A
Reported In
2002(61)DRJ552

Excerpt

criminal procedure code, 1973 - section 438--anticipatory bail--offence under sections 406/498a ipc--petitioner has already participated in the investigations and the dispute is only with regard to the istridhan articles--petitioner is ready and willing to pay rs. 50,000/- towards her claim of unrecovered istridhan articles--without prejudice to her rights and contentions, complainant is ready and willing to accept rs. 50,000/- towards her claim of unrecovered istridhan articles--anticipatory bail granted. - - 10,000/- with one surety in the like amount to the satisfaction of the arresting officer/sho, subject to the condition of his giving draft of rs.s.k. agarwal, j.1. this is a petition under section 438 cr.p.c. for grant of anticipatory bail in case fir no. 175/2001, under sections 406/498a ipc, p.s. kalkaji.2. learned counsel for petitioner submits that petitioner has already participated in the investigation ; he is n government servant having clean antecedents; all articles of jewellery have been returned and nothing is due and payable ; he is ready and willing to pay rs. 50,000/- by way of bank draft in the name of complainant towards her claim of unrecovered istridhan articles, without prejudice to his rights and contentions. learned app for state, on instructions, submits that petitioner has already participated in the investigations and the dispute is only with regard to the istridhan articles. complainant who is present in person, also submits that without prejudice to her rights and contentions, she is ready and willing to accept rs. 50,000/- towards her claim of unrecovered istridhan articles.3. in the facts and circumstances of the case, petitioner, in the event of his arrest, is ordered to be released on bail, on his furnishing personal bond in, the sum of rs. 10,000/- with one surety in the like amount to the satisfaction of the arresting officer/sho, subject to the condition of his giving draft of rs. 50,000/-. petitioner shall not visit the jurisdiction of p.s. kalkaji.4. petition stands disposed of. 5. dusty.

Full Judgment

S.K. Agarwal, J.

1. This is a petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No. 175/2001, under Sections 406/498A IPC, P.S. Kalkaji.

2. Learned counsel for petitioner submits that petitioner has already participated In the Investigation ; he Is n Government servant having clean antecedents; all articles of jewellery have been returned and nothing is due and payable ; he is ready and willing to pay Rs. 50,000/- by way of bank draft in the name of complainant towards her claim of unrecovered Istridhan articles, without prejudice to his rights and contentions. Learned APP for State, on instructions, submits that petitioner has already participated in the investigations and the dispute is only with regard to the Istridhan articles. Complainant who is present in person, also submits that without prejudice to her rights and contentions, she is ready and willing to accept Rs. 50,000/- towards her claim of unrecovered Istridhan articles.

3. In the facts and circumstances of the case, petitioner, in the event of his arrest, is ordered to be released on bail, on his furnishing personal bond in, the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Arresting Officer/SHO, subject to the condition of his giving draft of Rs. 50,000/-. Petitioner shall not visit the jurisdiction of P.S. Kalkaji.

4. Petition stands disposed of.

5. dusty.

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