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2026 DAILYLAW 12885 (DEL)

SHRI. RAMAKANT TRIPATHI v. STATE (NCT OF DELHI) & ANR.

BAIL APPLN./2100/2026 · 2026-07-23

Madhu Jain

body2026

Judgment text

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$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2100/2026 SHRI. RAMAKANT TRIPATHI .....Petitioner Through: Mr. Arun Sharma, Mr. Abhay Gupta and Mr. Mohammad Fuaad, Advs. versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Ms. Richa Dhawan, APP CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 23.07.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 17319-20/2026 (exemption) 2. Allowed, subject to all just exceptions. Applications are disposed of. BAIL APPLN. 2100/2026 3. Learned counsel for the petitioner submits that both the complainant as well as the victim have been examined before the learned Trial Court and have turned hostile. It is submitted that neither of them has supported the case of the prosecution. 4. Learned APP for the State does not dispute the aforesaid position. 5. Learned counsel for the petitioner further submits that even on earlier occasions, including during the proceedings before the Mahila Aayog, the complainant as well as the victim had categorically stated that no such incident had taken place and had expressed their unwillingness to initiate or This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/07/2026 at 11:53:56 pursue any legal action. It is further submitted that the present FIR came to be registered only after disputes arose between the parties with regard to possession of the residential property. 6. I have heard learned counsel for the petitioner and the learned APP for the State. 7. A perusal of the record shows that both the complainant, who is the mother of the victim, and the victim herself have turned hostile during the course of trial and have not supported the prosecution case. It also appears that the FIR came to be registered subsequent to the disputes which arose between the parties concerning the possession of the residential property. In these circumstances, and particularly in view of the fact that the material witnesses have not supported the prosecution case before the learned Trial Court, no useful purpose would be served by keeping the petitioner in Jail. 8. In view thereof, the present application is allowed. The applicant is directed to be released on bail, on him furnishing a personal bond of Rs. 25,000/- with one sureties of like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to following conditions: i. The applicant shall not leave India without prior permission of the learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/07/2026 at 11:53:56 v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner. 9. The application is accordingly allowed and disposed of. Pending application(s), if any, also stand disposed of. 10. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application. 11. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance. 12. Order be uploaded on the website of this court forthwith. MADHU JAIN, J JULY 23, 2026/prg/P This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/07/2026 at 11:53:56