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Delhi High Court - Orders

Rahul vs The State on 11 October, 2023

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

                                    $~47
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           BAIL APPLN. 3424/2023
                                                RAHUL                                                                           ..... Petitioner
                                                                                      Through:                 Mr. Sandeep Yadav and Mr. Sulekh
                                                                                                               Chand, Advocates

                                                                                      versus

                                                THE STATE                                                                      ..... Respondent
                                                                                      Through:                 Mr. Mukesh Kumar, APP with W/SI
                                                                                                               Khushboo, PS Nangloi

                                                CORAM:
                                                HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                                 ORDER

% 11.10.2023 [The proceeding has been conducted through Hybrid mode] CRL.M.A. 27700/2023 (Exemption)

1. Exemption allowed subject to just exceptions.

2. The application stands disposed of.

BAIL APPLN. 3424/2023

3. This is the bail application under Section 438 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant seeking anticipatory bail in the event of arrest in FIR No. 0732/2023 dated 19.09.2023 under Sections 323/341/354/354A/354B/506/509 of Indian Penal Code, 1860 registered at Police Station Nangloi, Delhi.

4. Learned counsel appearing for the applicant that the altercation which took place between the parties 18.09.2023 got registered as a Kalandra under Section 107/151 Cr.P.C., 1973.

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 17/10/2023 at 13:27:21

5. Learned counsel submits that surprisingly on the next date along with some woman from an NGO, the complainant had got registered the aforesaid FIR under the aforesaid sections making all sorts of false and frivolous allegations.

6. Learned counsel submits that had that there been any truthfulness in the said allegations, there was no reason why the complainant has not referred to the said offences on 18.09.2023 itself while the Kalandra was being registered.

7. Issue notice.

8. Notice accepted by Mr. Kumar, learned APP for the State who seeks and is granted four weeks' time to file the status report with an advance copy to learned counsel for the applicant.

9. In the meantime, no coercive steps shall be taken against the applicant subject to him participating in the investigation as and when directed by the IO.

10. List on 29.11.2023.

TUSHAR RAO GEDELA, J OCTOBER 11, 2023/ms 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 17/10/2023 at 13:27:21