Delhi High Court - Orders
Arvind Kumar vs State (Nct Of Delhi) on 31 January, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 282/2023
ARVIND KUMAR ..... Petitioner
Through: Mr. Ramesh Kumar, Advocate with
Mr. Tarun Kumar, Advocate, Mr.
Prashanjeet, Advocate and Ms.
Sheetal, Advocate.
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Ms. Meenakshi Dahiya, APP for the
State.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 31.01.2023 The petitioner seeks anticipatory bail under section 438 of Code of Criminal Procedure 1973 (Cr.P.C.) in case FIR No.20/2023 dated 13.01.2023 registered under sections 498-A/406/34 of Indian Penal Code 1860 (IPC) at P.S: K.N. Katju Marg. The petitioner is the husband of the complainant/respondent No.2.
2. Learned counsel for the petitioner submits that the petitioner has been called for investigation on an earlier date and has also been called today. Counsel submits that petitioner has co-operated and will continue to co-operate in the investigation.
3. Issue notice.
4. Ms. Meenakshi Dahiya, learned APP appears for the State on advance copy; accepts notice; and seeks time to file status report. She submits that Investigating Officer (I.O.) of the case is indisposed today; and is therefore not available to confirm or deny what has been submitted on Signature Not Verified Digitally Signed Bail Appl. 282/2023 Page 1 of 2 By:NEERAJ Signing Date:03.02.2023 12:27:48 behalf of the petitioner. She further points-out that in the status report filed before the learned Additional Sessions Judge (ASJ), it appears that stridhan has not been returned to the complainant.
5. Let status report be filed within 06 weeks; with advance copy to the opposing counsel.
6. In the circumstances, until further consideration of the matter, for which the presence of I.O. is necessary, it is directed that subject to the petitioner joining and co-operating in the investigation as and when called by notice under section 41-A Cr.P.C., the petitioner shall not be arrested, till the next date of hearing.
7. Let the I.O. remain present in court on the next date.
8. Re-notify on 24th April 2023.
ANUP JAIRAM BHAMBHANI, J JANUARY 31, 2023 Ne Signature Not Verified Digitally Signed Bail Appl. 282/2023 Page 2 of 2 By:NEERAJ Signing Date:03.02.2023 12:27:48