Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: Cr. Case 1065/2024
STATE Vs. RAGHAV KALRA
FIR No.104 /2023
04.07.2024
Proceedings are being conducted through hybrid mode.
Undersigned has to proceed for conducting sampling proceedings
u/s 52 of NDPS Act at OHB-II, Delhi today in post-lunch
session.
Present: Mr. Manish Bansal, Ld. APP for State.
Both accused persons namely Raghav Kalra and
Renu Kalra are produced from JC.
Sh. Rajesh Rathore, Ld. Counsel for both accused
persons.
Matter is listed for arguments on charge and
consideration on the separate applications seeking bail moved on
behalf of both accused persons.
The bail applications of both accused persons has
been moved primarily on the ground that a settlement has been
arrived at between the parties and the complainant does not have
any objection to the release of both accused persons. Statement to
that effect recorded on 29.06.2024 is already on record.
Reply to the bail applications already filed.
From perusal of record, it is noticed that the bail
application of accused Renu Kalra was disposed off as dismissed
by this Court vide order dated 02.05.2024. The said bail
application was moved subsequent to the filing of charge-sheet.
On being questioned regarding the change in circumstances, Ld.
Counsel for accused persons has submitted that since there is a
settlement between the parties and parties are in the process of
getting the present proceedings quashed from Hon'ble High
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Court of Delhi, it will be in the interest of justice, if the bail
applications of both accused persons are allowed as it will
facilitate expeditous satisfaction of the grievances of complainant
as well as appropriate proceedings before Hon'ble High Court of
Delhi. The copy of MOU is annexed with the bail application.
Ld. APP for State has opposed the bail applications
stating that mere settlement between the parties is no ground for
grant of bail.
Heard. Record perused.
It is noticed that the charge-sheet which has been
filed in the Court has alleged commission of offences punishable
u/s 420/467/468/471/120-B/34 IPC. However, the evidence on
record is only qua offence punishable u/s 420 IPC. It is
mentioned in the charge-sheet that so far as the offences
pertaining to forgery are concerned, investigation is still
underway and supplementary charge-sheet will be filed in due
course. The offence u/s 420 IPC is compoundable in nature. In
view of the same, keeping in view the fact that primarily
evidence against the accused persons in the present charge-sheet
is qua the offence punishable u/s 420 IPC and since the
settlement has been arrived at between complainant and accused
persons, the Court is inclined to grant bail to both accused
persons namely Renu Kalra and Raghav Kalra for the offence
punishable u/s 420 IPC subject to the furnishing PB & SB in the
sum of Rs.50,000/- each and subject to the following conditions:-
i. That they shall not indulge into similar offence or
any other offence in the event of release on bail;
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ii. That they shall not tamper with evidence in any
manner;
iii. That in case of change of their residential
address, they shall intimate the Court about the same; and
iv. That they shall regularly appear before this court
on each and every date of hearing.
v. That they shall co-operate in the investigation.
It is clarified that nothing mentioned herein would
tantamount to expression of opinion of this court on merits of the
case as the same has been made only for the purpose of disposal
of the present applications.
This Court is cognizant of the fact that earlier bail
application of the accused Renu Kalra was dismissed after filing
of charge-sheet on merits but is inclined to grant the relief in
view of the above position.
Bail bonds not furnished.
Bail applications stands disposed off accordingly.
At request of Ld. Counsel for accused persons, list
the matter for arguments on charge on 19.10.2024.
SHO concerned is hereby directed to apprise about
the status of supplementary charge-sheet/its filing in the matter
by the NDOH.
(Dr. Raj Kumar Singh)
Judicial Magistrate First Class-05/Central
Delhi/04.07.2024
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