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2021 (1) TMI 307

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..... wed and petitioner is ordered to be released on bail under Sections 376, 506 and 417 IPC, on his furnishing personal bond in the sum of ₹ 1,00,000/- with two sureties, one of which shall be local surety as undertaken by and on behalf of the petitioner, each in the like amount, to the satisfaction of the trial Court within three weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial and also subject to the conditions imposed. - Cr.M.P.(M) No. 2157 of 2020 - - - Dated:- 9-1-2021 - The Hon'ble Mr. Justice Vivek Singh Thakur, Judge For the Petitioner : M/s Raunak .....

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..... tated that his father was not alive and mother had little knowledge of Hindi. As per complaint, from 14.06.2019 to 16.06.2019 petitioner and complainant had stayed in a Hotel Oyo Restful, Shoghi and there, for the first time, physical relations had developed and such relations continued till January 2020 as she was under impression that both of them were going to marry. According to complainant, as and when she had been visiting for training at Gurgaon, petitioner, who was posted at Gurgaon at that time, had been booking Hotel for her, but at the time of issuance of bill, on advise of the petitioner, she had been taking bill in the name of one person only whereas petitioner had been keeping bills having details of two persons with him and l .....

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..... r-accused to join investigation on 27.09.2020, but he did not turn up. Thereafter, w.e.f. 08.10.2020 to 14.10.2020, police team again went Delhi, Gurgaon etc. in search of the petitioner and petitioner was apprehended on 14.10.2020 and was arrested on 15.10.2020 from Gurgaon. During investigation, petitioner had disclosed that he and his mother are permanent resident of 2/21A, Pudranagar, Kolkata-68 and about nine years back he alongwith his mother has shifted to Gurgaon (Haryana) and he was married to Mousumi Chakraborty in the year 2016 and in the year 2018 he alongwith his mother had purchased a Flat No. G-1402, Florida Apartment, Sector 82, Nahar Par, Faridabad (Haryana) for consideration of ₹ 22,00,000/- and he is paying installm .....

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..... has initiated proceedings under Section 138 of the Negotiable Instruments Act against the complainant and in counter blast thereto, present complaint has been filed to pressurize and harass the petitioner. 5. Learned Deputy Advocate General has submitted that from the documents placed on record, itself by the petitioner, it is evident that petitioner had been accompanying the complainant not only to Gurugram and Delhi but also to Agra and Rishikesh and allegation of staying at Shogi is also substantiated from the Invoices placed on record by the petitioner himself which indicates that relation was more than friendship and further that plea of the complainant that she came to know about the marital status of the petitioner is substantiate .....

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..... nd the said agreement was signed jointly by petitioner alongwith complainant which also substantiates plea of the complainant that petitioner had been assuring to marry her and to substantiate such assurance by creating an impression in the mind of complainant, petitioner appears to have entered into Rent Agreement jointly alongwith complainant. 8. Lastly, learned Deputy Advocate General has also submitted that petitioner-accused has been apprehended with great difficulty as his permanent address is not known and, therefore, in absence of local surety, it would be difficult to ascertain his presence during trial. Whereas, learned counsel for the petitioner has submitted that petitioner is a permanent resident of Flat No. G- 1402, Florida .....

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..... g Agency or Court in the present case as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial; (iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected; (v) that the petitioner shall not misuse his liberty in any manner; (vi) that the petitioner .....

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