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Kishore Kumar Vs the State (Nct of Delhi) — Anticipatory Bail | Delhi HC (2016)

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Kishore Kumar Vs the State (Nct of Delhi)Kishore Kumar v. the State (Nct of Delhi)

Allowed

Kishore Kumar v. the State (Nct of Delhi)

Delhi HC6 Apr 2016BAIL APPLN./74/2016

Case brief

AI extract

What is this about?

Bench allowed an application for anticipatory bail under Section 438 Cr.P.C. The petitioner, who was already granted interim protection, was directed to furnish a personal bond and join investigation as required.

What did the court decide?

Granted anticipatory bail on personal bond of `40,000/- with one surety in like amount to satisfy SHO/Investigating officer; direction to join investigation.

What the court decided

AI extract

Outcome

Granted anticipatory bail on personal bond of `40,000/- with one surety in like amount to satisfy SHO/Investigating officer; direction to join investigation.

Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner in light of the pending FIR and interim protection already granted.

Detailed headnote1 paragraphs

Anticipatory bail granted under Section 438 Cr.P.C. The petitioner had been granted interim protection earlier and joined the investigation. He was directed to execute a personal bond of `40,000/- with one surety and join investigation as and when required. Application disposed of.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

$~3

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 74/2016

KISHORE KUMAR

..... Petitioner

Through : Mr.Rajat Wadhwa, Advocate with Mr.M.Mathur, Advocate.

versus

THE STATE (NCT OF DELHI) ..... Respondent Through : Mr.Amit Gupta, APP with SI Suresh Chand.

CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R

% 06.04.2016

The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.1154/2015 registered under Sections 323/341/354A/354B/506 IPC at PS Rajouri Garden. Status report is on record.

I have heard the learned counsel for the parties and have examined the file. By an order dated 13.01.2016, the petitioner was granted interim protection and was directed to join the investigation as and when required. Undisputedly, the petitioner has joined the investigation since then. There is relationship of landlord and tenant between the petitioner’s mother and complainant’s husband.

page 1 of 2

BAIL APPLN. 74/2016

Considering the facts and circumstances of the case, the petitioner is granted anticipatory bail and in the event of arrest, he be released on furnishing personal bond in the sum of `40,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer. He shall, however, join the investigation as and when required.

The bail application stands disposed of.

S.P.GARG, J

APRIL 06, 2016 / tr

page 2 of 2

BAIL APPLN. 74/2016

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner in light of the pending FIR and interim protection already granted.

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.438

Parties & counsel

AI extract

petitioner
KISHORE KUMAR
respondent
THE STATE (NCT OF DELHI)

Coram

AI extract

S.P. GARG

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 6 Apr 2016 · April
Registered: 12 Jan 2016
Case no.: BAIL APPLN./74/2016
CNR: DLHC010111732016
Topic: Anticipatory Bail
Bench: S.p.garg

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Cite this judgement

Kishore Kumar v. the State (Nct of Delhi), BAIL APPLN./74/2016 (DEL), decided on 6 April 2016.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Cr.P.C.438

View all statutes

Bench / Coram

S.P. GARG

Parties & counsel