Delhi High Court - Orders
Ratnakar @ Karunakar Upadhyay vs The State Nct Of Delhi And Anr on 8 July, 2024
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~92
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2101/2024
RATNAKAR @ KARUNAKAR UPADHYAY .....Petitioner
Through: Mr.Mukesh Kalia, Mr.Chetan
Pangasa, Ms.Kanika Vohra and
Ms.Mitali Tyagi, advts.
versus
THE STATE NCT OF DELHI AND ANR. .....Respondents
Through: Mr.Satish Kumar, APP for the State
with Mr.Mridul Chakravary,
Mr.Abhishek Kumar Choudhary,
Mr.Shivam Rawat and Ms.Kirti
Aggarwal, Advts.
SI Kajal Tyagi.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 08.07.2024 CRL.M.A. 19676/2024 (exemption) Exemption is allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.(BAIL) 1112/2024 (extension of interim bail) Present application has been filed for extension of interim bail for a period of two months on medical grounds.
The petitioner was initially granted interim bail on 05.04.2024 which was extended from time to time. Now, the extension is sought for a period of 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 19/07/2024 at 21:50:15 two months.
Issue notice. Mr.Satish Kumar, learned APP has accepted the notice. Learned APP has graciously submitted that the factum of surgery has been verified.
The medical prescription has been annexed along with the application, according to which on 13.07.2024, the accused has been advised rest for four weeks.
Taking into account the medical condition of the applicant/petitioner, the interim bail is extended till 12.08.2024 on the same terms and conditions.
The application stands disposed of.
DINESH KUMAR SHARMA, J JULY 8, 2024/rb/aj 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 19/07/2024 at 21:50:15 $~116 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 325/2024, CRL.M.A. 20116/2024, CRL.M.A. 20117/2024 SUNIT KAMRA .....Petitioner Through: Mr. Nakul Nirwan, Mr. Rishabha Singh, Mr. Sushil Shukla, Mr. Anurag Kumar, Advs.
versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 12.07.2024 CRL.M.A. 20115/2024 Exemption allowed, subject to all just exceptions. Application stands disposed of.CRL.L.P. 325/2024
The present criminal leave to appeal has been filed under Section 378(4) Cr.P.C for setting aside the order dated 08.02.2024 of acquittal of respondent in CT Case 5896/2017 passed by Ld. MM, West District, Tis Hazari Court, Delhi titled Sunit Kamra vs. Rahul Singhal.
Learned counsel for the petitioner submits that a connected matter i.e. CRL.L.P. no.317/2024 is pending consideration before Hon'ble Mr. Justice Subramonium Prasad and notice has already been issued.
Since the connected matter is pending before Hon'ble Mr. Justice 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 19/07/2024 at 21:50:16 Subramonium Prasad, let the matter be placed before Hon'ble Mr. Justice Subramonium Prasad on 18.07.2024 subject to the orders of Hon'ble the Acting Chief Justice.
DINESH KUMAR SHARMA, J JULY 12, 2024/AR..
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 19/07/2024 at 21:50:16 $~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2393/2024 SUDHIR KUMAR GAUHAR .....Petitioner Through: Mr. Rashid Hashmi, Adv.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Raghuinder Varma, APP and
Insp. Amit Solanki, PS SLC.
Mr. Rakesh Srivastava, Adv. for
complainant.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 12.07.2024 CRL.M.A. 20141/2024
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.BAIL APPLN. 2393/2024
3. The present application has been filed on behalf of petitioner seeking anticipatory bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in case FIR No. 154/2024 under Section 380/34 IPC registered at PS Sunlight Colony.
4. Learned counsel for the petitioner submits that the only allegation against the present petitioner is that he helped Saumya Rajput and Ravi Kumar in getting cheques encashed. Learned counsel submits that primarily allegations are against Saumya Rajput and Ravi Kumar who 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 19/07/2024 at 21:50:16 allegedly have stolen and hard disk from the office of the complainant.
5. Learned counsel for the petitioner submits that Saumya Rajput has already been granted interim protection by the Ld. Sessions Court.
6. Issue notice.
7. Learned APP for the State has accepted the notice.
8. Learned APP for the State submits that in fact the present applicant is the main master mind in getting the stolen cheques encashed. Learned APP for the State submits that forged documents were prepared by the petitioner in conspiracy with the co-accused persons. It has further submitted that the custodial interrogation of the present petitioner is required for proper and effective investigation.
9. Learned counsel for the complainant has also opposed the present bail application on the ground that Saumya Rajput and Ravi Kumar had stolen the cheques and hard disk from the complainant office and thereafter they came in contact with the present petitioner prepared fake Aadhaar cards in different names and got the money transferred to the bank through a fourth person Karan Suri.
10. Learned counsel submits that thereafter the dispute arose amongst the accused persons and that led the present petitioner to disclose the conspiracy to the complainant.
11. I have considered the submissions.
12. As per the allegations, the cheques and hard disk were stolen by Saumya Rajput and Ravi Kumar and thereafter they got in touch with present petitioner. Allegedly, the present petitioner prepared fake Aadhaar cards in different names and got the money transferred to the bank through fourth person Karan Suri.
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 19/07/2024 at 21:50:16
13. The prosecution has opposed the grant of Anticipatory Bail before the Ld. Sessions Court and had filed the status report dated 10.06.2024 on the ground that if the accused is released on bail, he may threaten the complainant and the witnesses.
14. Let detailed status report be filed.
15. Complainant may also file the reply.
16. Taking into the entire allegations and the factum of the case, the petitioner is granted interim Anticipatory Bail on furnishing a personal bond of Rs. 20,000/- with one surety of the like amount subject to the satisfaction of the concerned court/IO till the next date of hearing with the following conditions:
a) the petitioner shall cooperate in the investigation and appear before the Investigating Officer of the case as and when required;
b) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
c) the petitioner shall provide his/her mobile number(s) to the Investigating Officer and keep it operational at all times;
d) In case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Investigating Officer/Court concerned by way of an affidavit.
e) the petitioner shall also inform the investigation officer about any change in their address.
17. List on 05.09.2024.
DINESH KUMAR SHARMA, J JULY 12, 2024/AR..
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 19/07/2024 at 21:50:16 $~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2403/2024 SANDEEP KAUSHIK @ SANJU .....Petitioner Through: Mr. Sumit Choudhary, Adv. (VC). versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Raghuinder Varma, APP and SI Lalit Kumar, PS Bindapur.
Mr. Rishipal Singh, Adv. For R-2 (VC).
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 12.07.2024 CRL.M.A. 20202/2024 & CRL.M.A. 20203/2024
1. Exemption allowed, subject to all just exceptions.
2. Applications stands disposed of.BAIL APPLN. 2403/2024
3. The present application has been filed under Section 438 Cr.P.C. for grant of Anticipatory Bail in case FIR No. 0203/2024 dated 14.05.2024 registered U/s 308/34 IPC at PS Bindapur, Delhi.
4. Issue notice.
5. Learned APP for the State has accepted the notice.
6. Learned APP for the State submits that in the present case, the petitioner is avoiding the investigation and therefore, NBWs have been issued against the petitioner.
7. Learned counsel for the complainant has also submitted that the present petitioner along with other co-accused gave merciless beating to the 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 19/07/2024 at 21:50:17 complainant.
8. This court had already granted interim protection to co-accused Pooja in BAIL APPLN. 2195/2024 and other two co-accused persons Pooja Verma and Mohit Verma in BAIL APPLN. 2296/2024 and BAIL APPLN. 2327/2024 were granted interim protection vide order dated 08.07.2024. Those matters are now listed for 09.09.2024.
9. Let the status report be filed.
10. In the meanwhile, the petitioner is admitted to Anticipatory Bail on furnishing a personal bond of Rs. 20,000/- with one like amount surety to the satisfaction of the IO/SHO concerned subject to the following conditions:
f) the petitioner shall cooperate in the investigation and appear before the Investigating Officer of the case as and when required;
g) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
h) the petitioner shall provide his/her mobile number(s) to the Investigating Officer and keep it operational at all times;
i) In case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Investigating Officer/Court concerned by way of an affidavit.
11. Execution of NBW is also stayed till the next date of hearing.
12. List on 09.09.2024.
DINESH KUMAR SHARMA, J JULY 12, 2024/AR..
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 19/07/2024 at 21:50:17 $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1511/2024 JOSE INACIO COTA .....Petitioner Through: Mr. Arpit Batra, Mr. Nihal Pramod Kamat, Mr. Abhilasha Chahalia, Advs.
versus
UNION OF INDIA .....Respondent
Through: Mr. Ajay Digpaul, CGSC with Ms.
Rekha Pandey, SPP with Mr. Raghav
Pandey, Mr. Kamal R. Digpaul, Ms.
Akanksha Kumar, Ms. Gauri Pandey,
Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 10.07.2024
1. The present petition has been filed under Section 439 Cr.P.C. r/w Section 25 of Extradition Act on behalf of petitioner seeking regular bail in Complain Case No. 690/2020 titled as Union of India vs. Jose Inacio Cota.
2. Union of India in response to the petition has filed the response which inter alia reads as under:
"5. In view of the above-mentioned facts, the petitioner/FC may be released on bail, till he has been discharged, whether by acquittal or on expiration of his sentence, in pending criminal case arising out of FIR No. 0080/2021 under Sections 324 read with 504 of IPC at Police Station Maina Curtorim pending trial in the Court of Civil Judge Junior Division and JMFC,D, Margao, Goa, on very strict conditions such as:-
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 19/07/2024 at 21:50:17 i. surrender of his passport;
ii. reporting to the local police station every week; iii. imposition of restrictions on his travel outside the State of Goa, without permission of this Hon'ble Court.
iv. Executing bail bond of substantial amount of money with sureties.
v. Any other conditions that this Hon'ble Court may deem fit and proper looking into the seriousness of the offence alleged to be committed by the petitioner for which he has to be extradited to United kingdom."
3. Learned counsel for the respondent has fairly submitted that in view of Section 31(d) of the Extradition Act, the extradition is not possible till the criminal case arising out of FIR No. 80/2021 under Sections 504/324 IPC registered at PS Maina Curtorim, Goa is not disposed of.
4. Taking into account the submissions of learned counsel for the respondent and without going further into the merits of the case as the extradition order has already been challenged by the petitioner in Writ Petition (CRL.) No. 3467/2023.
5. The petitioner is admitted to interim bail for a period of six months on furnishing a Personal Bond of Rs. 1,00,000/- with one like amount surety to the satisfaction of the concerned court/MM/CMM/Duty MM with the following conditions:
i. The petitioner shall surrender his passport. ii. The petitioner shall report to the local police station of Goa on every Friday at 05:00 PM.
iii. The petitioner shall remain within the territory of Goa. iv. The petitioner shall not leave the state of Goa without giving 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 19/07/2024 at 21:50:17 intimation to the concerned court at Goa.
v. The petitioner shall not travel abroad without permission of Ld. ACMM-01, Patiala House Courts, New Delhi.
6. Copy of the order be sent to the local police station in the which is residing.
7. List on 10.01.2025.
DINESH KUMAR SHARMA, J JULY 10, 2024/AR..
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 19/07/2024 at 21:50:17