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Vinit Gupta vs State Nct Of Delhi on 3 May, 2019

$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03.05.2019
+ BAIL APPLN. 309/2019 Crl. M. (Bail) 232/2019
VINIT GUPTA ….. Petitioner
versus

STATE NCT OF DELHI ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Rajeev Kumar, Adv.

For the Respondent: Ms. Meenakshi Dahiya, APP for the State
Mr. Varun Mishra and Mr. Anish Sharma, Adv. for
complainant

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks anticipatory bail in FIR No. 20/2018 under
Sections 498-A/Section406/Section34 of the Indian Penal Code, 1860, registered at
Police Station Adarsh Nagar. Subsequently Section 377 IPC has been
added.

2. Petitioner is the husband of the complainant/prosecutrix.
Subject dispute emanates out of a matrimonial discord.

3. By order dated 06.02.2019, parties were referred to mediation.
Parties have settled their disputes through the process of mediation

BAIL APPLN. 309/2019 Page 1 of 3
and settlement dated 29.04.2019 has been executed. Settlement dated
29.04.2019 has been taken on record.

4. As per the settlement, the petitioner has, inter-alia, agreed to
pay a total sum of Rs. 15 lakhs to the respondent for settlement of all
her claims – past, present and future. A sum of Rs. 2.50 lakhs by way
of DD No. 294301 dated 02.05.2019 issued by Kotak Mahindra Bank
has been handed over to the respondent/complainant who is present in
court. The receipt of the same is acknowledged.

5. Respondent/complainant appearing in person in Court,
represented by her counsel and identified by the Investigating Officer,
confirms that she has settled with the petitioner and subject to the
performance of the other conditions, as stipulated in the settlement
agreement, she has no objection to the grant of anticipatory bail to the
petitioner.

6. Without commenting on the merits of the case and keeping in
view of the totality of the facts and circumstances, I am satisfied that
the petitioner has made out a case for grant of anticipatory bail.

7. Accordingly, it is directed that in the event of arrest, the
arresting officer/IO/SHO shall release the petitioner on bail on
petitioner furnishing a bail bond in the sum of Rs. 15,000/- with one
surety of the like amount to the satisfaction of the arresting
officer/Investigating Officer/SHO concerned. Petitioner shall not do

BAIL APPLN. 309/2019 Page 2 of 3
anything that may prejudice either the investigation, trial or the
prosecution witnesses. Petitioner shall continue to join investigation
as and when so required by the IO. Petitioner shall be bound by the
settlement agreement dated 29.04.2019.

8. Petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
MAY 03, 2019
‘rs’

BAIL APPLN. 309/2019 Page 3 of 3

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