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Nikhil Jain vs State (Nct Of Delhi & Anr on 16 March, 2023

Author: Amit Sharma

Bench: Amit Sharma

                          $~1
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     BAIL APPLN. 691/2023
                                NIKHIL JAIN                                       ..... Petitioner
                                                   Through:     Mr. L.S. Saini, Mr. Nishant Yadav &
                                                                Mr. Ashish Bansal, Advocates.

                                                   versus

                                STATE (NCT OF DELHI & ANR.                        ..... Respondents


                                                   Through:     Mr. Aman Usman, APP for the State.
                                                                Mr. Azmat H. Amanullah, ASC for
                                                                State of Bihar.

                                CORAM:
                                HON'BLE MR. JUSTICE AMIT SHARMA
                                                   ORDER

                          %                        16.03.2023

                          CRL.M.A. 5590/2023 (Stay)

1. Learned counsel appearing on behalf of the applicant has not pressed this application as fresh production warrants have not been issued by the learned Chief Judicial Magistrate.

2. In view thereof, learned counsel appearing on behalf of the applicant seeks leave to withdraw the present application.

3. Leave granted.

4. The present application is dismissed as withdrawn and disposed of accordingly.

5. The present application under Section 438 read with Section 482 of the Cr.P.C. seeks the following prayers:

"a. release the petitioner Nikhil Jain on transit anticipatory bail in above said FIR No. 46/2022 U/S 420/406/504/34 IPC P.S. Lohia Nagar, Begusarai, Bihar, for a period which this Hon'ble Court deem, fit and proper in the facts and circumstances of the case, in the interest of justice.

b. give direction to Superintendent Tihar Jail to release the petitioner from tihar jail in case bearing FIR No. 46/2022 U/S 420/406/504/34 IPC P.S. Lohia Nagar, Begusarai, Bihar for transit anticipatory bail period, c. Any other order which this Hon'ble Court may deem, fit and proper be passed in favour of the petitioner in the facts and circumstances of the case."

6. Learned counsel appearing on behalf of the applicant submits that the present applicant has been released on interim bail for a period of 01 month vide order dated 21.02.2023, passed by Sh. Tushar Gupta, learned Metropolitan Magistrate-08, Patiala House Courts, New Delhi.

7. The said period of interim bail of 01 month is going to expire on 20.03.2023. Learned counsel for the applicant submits that the present applicant may be granted interim protection till the time he appears before the Court of competent jurisdiction, in Bihar.

8. In view of the submissions made, the present application is allowed.

9. On the applicant approaching the Court of competent jurisdiction with respect to the FIR bearing No. 46/2022, under Sections 420/406/504/34 of IPC, P.S. Lohia Nagar, Begusarai, Bihar, no coercive steps shall be taken against the present applicant for a period of 10 days from the date of passing of this order, i.e., 16.03.2023.

10. With the aforesaid directions, the present application is partly allowed Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.03.2023 19:27:31 and disposed of accordingly.

11. Pending application(s), if any also stand disposed of.

12. Order be uploaded on the website of this Court forthwith.

AMIT SHARMA, J MARCH 16, 2023/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.03.2023 19:27:31