Petitioner sought anticipatory bail in an FIR involving an armed altercation. Bench noted petitioner's past criminal record, presence with armed co-accused, and the need for custodial interrogation to unearth conspiracy, rejecting bail grounds.
Application for anticipatory bail dismissed; custodial interrogation deemed imperative.
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Through: Mr.Divesh Chouhan and Mr.Surendra, Advocates.
versus STATE GNCT DELHI ..... Respondent Through: Ms. Meenakshi Dahiya, APP with Inspector Mahesh Kumar, PS: Keshav Puram.
CORAM:
CRL.M.A. 1090/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
BAIL APPLN. 137/2024, CRL.M.A. 1091/2024
BAIL APPLN. 137/2024 Page 1 of 3
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a call from his friend Advocate Saurabh Bhangolia that a person namely Ankit Khari (petitioner herein) is bullying their friend Harsh Mudgal and Abhishek Khari over phone. The complainant along with several other persons reached at Kanahiya Nagar Metro Station. Therein, Ankit Khari (petitioner) was present along with his friends namely Ankit Bhist @ Nikki, Pratyasksh Chahar, Viplav Khaari, Nitin and others.
It is further the case of the prosecution that there was an altercation and scuffle between the parties and Ankit Bhist @ Nikki fired at Mahadev (complainant). The complainant / injured was shifted to Pentamed Hospital, wherein the nature of injury was opined as dangerous.
No doubt, a cross-FIR bearing FIR No. 858/ 2023 under Sections 323/147/148/149 IPC has been also registered at P.S.: Keshav Puram against
BAIL APPLN. 137/2024 Page 2 of 3
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the other party, but at the same time, it cannot be ignored that the petitioner also reached the spot with co-accused, who were duly armed with unauthorized weapons and the pistol was used in the incident. Further, the main accused is still absconding and the weapon of offence is yet to be recovered. The custodial interrogation of petitioner, who is having past involvements, is imperative. In view of above, no grounds for anticipatory bail are made out. Application is accordingly dismissed. Pending applications, if any, also stands disposed of. Nothing stated hereinabove shall tantamount to expression of opinion on the merits of the case.
ANOOP KUMAR MENDIRATTA, J.
JANUARY 12, 2024/ R
BAIL APPLN. 137/2024 Page 3 of 3
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2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who has past criminal involvements and whose custodial interrogation is considered imperative to unearth real conspiracy.
Whether the petitioner's presence with armed co-accused and the unrecovery of the weapon of offence preclude the grant of bail.
1 provisions across 1 enactments
Ankit Khari
State GNCT Delhi
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
