DIVYA RASTOGI vs THE STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20.03.2025 ,,,,,,,,,, + BAIL APPLN. 733/2025 DIVYA RASTOGI .....Petitioner Through: Mr. Sonu Pandey, Adv. versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for the State with SI Mahesh Kumar, PS Kalkaji. Mr. Shekhar Raj Sharma and Ms. Nidhi Narwal, Advs. for Complainant. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. 1. This is an application under Section 439 Cr. P.C (Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023) on behalf of the applicant/accused Mr. Divya Rastogi in case FIR No. 471/2003 under Sections 420/408/467/468/471 IPC registered at P.S. Kalkaji, New Delhi. 2. Learned counsel for the applicant/accused submits that there is a presumption of innocence in favour of the accused and bail is a rule Bail Appln. 733/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:24.03.2025 14:17:38 and jail is an exception. It is submitted that the applicant/accused is in custody since last more than 16 months, evidence is documentary in nature and is already in possession of the Investigating Agency and thus there is no scope of tampering with the prosecution evidence. It is also submitted that the documents have been sent to FSL, however the FSL report is still awaited. Thus, there is no chance of completing the trial in near future owing to voluminous charge sheet of more than 2200 pages and lot of witnesses are to be examined. 3. It is also submitted that the applicant/accused is the only bread earner of his family. His father is suffering from various age related ailments and is in need of look-after by his son. On merits, it is submitted that all the allegations are false and baseless and that whil