Rajan Kumar @ Ashu Chauhan vs The State (Nct Of Delhi) on 28 February, 2023

[Cites 5, Cited by 0]

Delhi High Court - Orders

Rajan Kumar @ Ashu Chauhan vs The State (Nct Of Delhi) on 28 February, 2023

Bench: Anup Jairam Bhambhani

                          $~54
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 1386/2023
                                 RAJAN KUMAR @ ASHU CHAUHAN                   ..... Petitioner
                                                 Through: Mr. N. Hariharan, Mr. Kartik
                                                          Vashisht, Mohammed Qasim and Mr.
                                                          Abhishek Pandey, Advocates.
                                                 versus
                                 THE STATE (NCT OF DELHI)                     ..... Respondent
                                                 Through: Mr. Satinder Singh Bawa, APP for
                                                          the State with Inspector Deepak, P.S.:
                                                          Vasant Kunj, South.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                               ORDER

% 28.02.2023 CRL.M.A. No.5337/2023(Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

CRL.M.C. 1386/2023

By way of the present petition under sections 482 read with section 401 of the Code of Criminal Procedure 1973, the petitioner impugns order dated 22.02.2023 made by the learned Additional Sessions Judge, Patiala House Court, New Delhi, whereby the anticipatory bail granted to the petitioner vide order dated 19.10.2022 in FIR No 250/2022 dated 25.09.2022 registered under sections 323/341/506/509/379/34 at P.S.: Vasant Kunj (South), was cancelled.

2. Mr. N. Hariharan, learned senior counsel appearing for the petitioner submits, that one of the conditions for grant of anticipatory bail Signature Not Verified Digitally Signed By:NEERAJ Signing Date:04.03.2023 CRL.M.C. 1386/2023 Page 1 of 2 15:06:17 prohibited the petitioner from visiting the area where the complainant/victim resides for one month; with a further condition that till completion of investigation, the petitioner would visit the area only after giving prior intimation to the Investigating Officer; and also that he would join investigation.

3. Mr. Hariharan submits, that the order cancelling anticipatory bail proceeds on the allegation that the petitioner has violated the second condition, which learned senior counsel submits, is factually incorrect, explaining that there was only an innocent slip-up on one occasion in that regard.

4. Issue notice.

5. Mr. Satinder Bawa, learned APP appears for the State on advance copy; accepts notice; and seeks time to file status report.

6. Let status report be filed within 03 weeks; with copy to the opposing counsel.

7. Mr. Bawa submits that the condition was repeatedly violated; and furthermore, that the petitioner is not co-operating in the investigation.

8. Re-notify on 06th April 2023.

ANUP JAIRAM BHAMBHANI, J FEBRUARY 28, 2023/ak Signature Not Verified Digitally Signed By:NEERAJ Signing Date:04.03.2023 CRL.M.C. 1386/2023 Page 2 of 2 15:06:17

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders