Delhi High Court - Orders
Kapil Taneja (In Jc) vs State, (Govt. Nct Of Delhi) on 6 December, 2022
Author: Amit Sharma
Bench: Amit Sharma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3577/2022
KAPIL TANEJA (IN JC) ..... Petitioner
Through: Mr. Vikas Pahwa, Sr. Advocate with
Mr. R.S. Sahni, Mr. Arun Mr. Rakesh
Gupta, Ms. Jasmine Sahni & Ms.
Ashmine Sahni, Advocates.
versus
STATE, (GOVT. NCT OF DELHI) ..... Respondent
Through: Mr. Amit Ahlawat, APP for State
alongwith Mr. Gagan Kumar,
Advocate.
SI Jitender, Crime Branch, (NR-1)
Parshant Vihar.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 06.12.2022
CRL.M. (BAIL) 1451/2022
The present application has been instituted on behalf of the petitioner under section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') seeking an interim bail in case FIR no. 217/2022, under sections 419/420/120B/34/389 of the Indian Penal Code, 1860 ('IPC') read with sections 66C/66D of the Information Technology Act, 2000 ('IT Act'), registered at PS Crime Branch. The petitioner/applicant seeks interim bail in order to enable him to attend his niece's (sister's daughter) wedding, Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:08.12.2022 19:50:15 scheduled for 08.12.2022. Chargesheet dated 21.09.2022 has been filed and is pending before the court of competent jurisdiction.
Mr. Vikas Pahwa, learned senior counsel appearing on behalf of the petitioner/applicant submits that the petitioner is the maternal uncle of his niece and has to perform various rituals during the wedding ceremonies. He further submits that the offence that the petitioner/applicant is accused of are not of a serious nature and that out of the 34 persons who have been chargesheeted, the petitioner/applicant is the only one who has been arrested. Learned senior counsel appearing on behalf of the petitioner/applicant urges that the petitioner be granted interim bail on humanitarian grounds.
Mr. Amit Ahlawat, learned APP appearing on behalf of the State has handed up in court today, status report dated 03.12.2022, authored by Inspector Satish Malik, PS NR-I/Crime Branch . The same is taken on record.
As per the status report, factum of the petitioner/applicant's niece's wedding has been verified by the investigating officer. A perusal of the status report further reflects that the petitioner/applicant's sister, i.e., the mother of the bride is married and has two children. The date of the wedding was fixed back in February 2022. Learned APP submits that the co-accused in the subject chargesheet are absconding and opposes grant of interim bail on the ground that the petitioner/applicant is likely to misuse it as an opportunity to hamper the investigation of the case.
Having heard the submissions made on behalf of the parties and perused the status report dated 03.12.2022, as well as the averments made in the application, this court is not inclined to grant the relief prayed for in the Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:08.12.2022 19:50:15 present application. In view of the facts and circumstances of the case and the fact that the captioned bail application, bearing number BAIL APPLN. 3577/2022, seeking regular bail is itself coming up for hearing on 06.01.2023, this court is of the view that petitioner niece's wedding is not sufficient ground for grant of interim bail.
The application is dismissed and disposed of accordingly.
BAIL APPLN. 3577/2022List on date already fixed, i.e., 06.01.2023.
AMIT SHARMA, J DECEMBER 6, 2022/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:08.12.2022 19:50:15