In an anticipatory bail application filed under Section 438 Cr.P.C., the High Court of Delhi dismissed the plea. The court observed that the alleged act was a planned assault involving illegal weapons and grave injuries to the husband, finding no grounds for bail.
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.
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KAVITA ..... Petitioner Through: Mr.Jitin Sahni and Mr.Nikhil Kushwah, Advocates
versus
STATE GOVT OF NCT DELHI ..... Respondent Through: Ms.Kiran Bairwa, APP for State
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R % 05.04.2024
CRL.M.A. 10438/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
BAIL APPLN. 1187/2024
Page 1 of 3
BAIL APPLN. 1187/2024
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 09/04/2024 at 12:27:13
house, wherein shots were fired by co-accused Vijay. Consequently, Jagmohan (husband of petitioner Kavita) sustained bullet injuries alongwith one Sukhbeer who was a member of the assailant party.
The fact that the petitioner alongwith other accused had visited the premises stands corroborated by the CCTV footage since all the six accused have been captured. On the face of record, it appears that petitioner alongwith other co-accused visited the premises armed with illegal weapons after having made the preparation, whereupon shots were fired at Jagmohan and he sustained injury in the left arm. Recovery of another weapon used by one of the co-accused, though none was injured from the shot fired thereby, as stated by learned APP, is yet to be made. The defence of accused that Sukhbeer was injured because of firing from other side has not been
Page 2 of 3
BAIL APPLN. 1187/2024
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 09/04/2024 at 12:27:13
corroborated during investigation.
Considering the totality of the facts and circumstances and grave nature of allegations, this Court is of the considered opinion that no grounds for grant of anticipatory bail are made out. Application is accordingly dismissed.
ANOOP KUMAR MENDIRATTA, J
APRIL 5, 2024/v
Page 3 of 3
BAIL APPLN. 1187/2024
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 09/04/2024 at 12:27:13
1 issue framed by the court
Whether grounds for grant of anticipatory bail are made out in a case involving FIR for arson, murder, and offences under the Arms Act.
Kavita
State Govt Of Nct Delhi
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
