Bail application was filed before Delhi High Court, where it was submitted that the applicant was falsely arrested on 13.02.2021 and was brought to New Delgi without obtaining a transit remand and was in police custody till 19.02.2021
It was submitted that Section 153 IPC is baliable offence and accused can not be arrested in the light of case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273.
The act of investigation agency was malacious under section 124A IPC.It was also contended that with the close reading of provision, it is apparent that the offence is not only punishable with life imprisonment but also for term upto 3years imprisonment or even fine alone.
Court while considering scanty and sketchy evidence available on record could not find any available reason to breach the general rule of bail against 22 your old young lady with absolutely blemish criminal record and having firm roots in society and send her to jail.
Considering the opinion of applicant the court released the subject to filing of personal bond in sum of rupees 1 lakhs with two sureties subject to following conditions:
1. she shall continue to co-operate with the ongoing investigation and shall join investigation as and when summoned by the IO
2. She shall not leave the country without the permission of court.
3. She shall scrupulously appear at each and every stage of proceedings before concerned Court so as not to cause any obstruction or delay in proceedings.