Delhi High Court - Orders
Om Prakash @ Bhura @Om Prakash Maharaj ... vs State Nct Of Delhi on 24 January, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4321/2021
OM PRAKASH @ BHURA @OM PRAKASH MAHARAJ VYAS
..... Petitioner
Through: Mr. Rajesh Kumar Lawania, Mr.
Rituparn Uniyal & Mr. Abhishek
Kumar, Advocates.
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. Mukesh Kumar, APP for State.
SI Pankaj, PS Karawal Nagar.
Prosecutrix through VC.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 24.01.2022 (Through Video Conferencing) The petitioner vide the present petition seeks the grant of bail in relation to the FIR No.416/2020, PS Karawal Nagar, under Sections 328/376/376(2)(n)/354C/509/323/506 of the Indian Penal Code, 1860. Inter alia, it has been submitted on behalf of the petitioner that the present petition has been filed despite the factum that the previous bail application of the applicant bearing Bail Appln. No. 389/2021 was declined vide order dated 28.04.2021 in view of the FSL result that has since been filed with it having been submitted on behalf of the applicant that there is a variation in relation to the alleged seizure of the mobile phone of the applicant which, as per the disclosure statement of the applicant, was handed over by the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:25.01.2022 13:10:08 This file is digitally signed by PS to HMJ ANU MALHOTRA.
applicant on 09.10.2020 whereas as per the investigating agency, in the seizure memo that has been submitted in the matter along with the status report filed by the State, the same was seized on 10.10.2020 and thus the possibility of tampering of the stated videos alleged against the petitioner cannot be ruled out.
On behalf of the State, the learned APP for State submits that the mentioning of an erroneous date is an inadvertent error with the Investigating Officer having been on probation at that time and also due to the Covid times. The case diary of the State of the date 09.10.2020 and 10.10.2020 in the matter is directed to be put up and the explanation, if any, of the Investigating Officer in relation to the variance in the dates be placed on record through her affidavit.
The complainant, who is present through VC, opposes the prayer made by the petitioner for grant of bail.
The matter is directed to be re-notified for 22.02.2022.
ANU MALHOTRA, J JANUARY 24, 2022 ha Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:25.01.2022 13:10:08 This file is digitally signed by PS to HMJ ANU MALHOTRA.