Kirti @ Pooja vs.state - Court Judgment

SooperKanoon Citationsooperkanoon.com/1226663
CourtDelhi High Court
Decided OnNov-14-2019
AppellantKirti @ Pooja
RespondentState
Excerpt:
$~13 * in the high court of delhi at new delhi decided on 14.11.2019 + bail appln. 2435/2019 kirti @ pooja ........ petitioner state through mr. jatan singh, mr. pawan madhukar, mr. gajraj singh and mr.dhirender yadav, advocates versus ..... 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) this is an application under section 439 crpc filed by the 1. petitioner for bail in fir no.179/2019, u/s. 392/397/4ipc 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 307/186/353/3ipc & 25/27/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. fir1802019, 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 november14 2019 ap bail appl. 2435/2019 page no.3 of 3
Judgment:

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 14.11.2019 + BAIL APPLN. 2435/2019 KIRTI @ POOJA ........ Petitioner

STATE Through Mr. Jatan Singh, Mr. Pawan Madhukar, Mr. Gajraj Singh and Mr.Dhirender Yadav, Advocates versus ..... 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) This is an application under Section 439 CrPC filed by the 1. petitioner for bail in FIR No.179/2019, u/s. 392/397/4
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 307/186/353/3
IPC & 25/27/
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. FIR1802019, 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 NOVEMBER14 2019 AP Bail Appl. 2435/2019 Page no.3 of 3