Allowed

Rajesh Kumar v. the State of NCT of Delhi & Anr.

Delhi HC19 Nov 2024BAIL APPLN./879/2024

Case brief

AI extract

What is this about?

The Delhi High Court converted interim protective measures into absolute bail for two applicants facing charges under Sections 323, 365, 506, and 34 IPC. The court directed their release on personal bonds subject to specific conditions while they join the investigation.

What did the court decide?

Made interim protections absolute; directed release on bail subject to furnishing personal bond of ₹25,000/- each with one surety and compliance with specified conditions.

Rajesh Kumar Vs the State of NCT of Delhi & Anr. — Cheating and Forgery | Delhi HC (2024)

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$~2 & 3

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IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 879/2024 & CRL. M.A. 8343/2024 RAJESH KUMAR

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.....Petitioner Through: Mr. Mukesh Kalia, Mr. Sanjeev Kumar and Mr. Sunny Sharma, Advocates. versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Aman Usman, APP for State. Mr. Puneet Mittal, Sr. Advocate with Ms. Sakshi Mendirata and Mr. Sameer Vatts, Advocates for complainant. 3 + BAIL APPLN. 1188/2024 NARESH PANWAR .....Petitioner Through: Mr. Mukesh Kalia, Mr. Sanjeev Kumar and Mr. Sunny Sharma, Advocates. versus THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Aman Usman, APP for State. Mr. Puneet Mittal, Sr. Advocate with Ms. Sakshi Mendirata and Mr. Sameer Vatts, Advocates for complainant. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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This is a digitally signed order.

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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 26/11/2024 at 11:54:22

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O R D E R

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% 19.11.2024

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By way of present applications, the applicants/petitioners seek anticipatory bail in FIR No.95/2024 registered under Sections 323/365/506/34 IPC P.S. Prashant Vihar, Delhi.

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Mr. Mukesh Kalia, learned counsel for the applicants submits that the applicants were granted interim protection and have joined investigation. He submits that co-accused Narendra Malhotra was also arrested, who was released immediately by the concerned Court. He further submits that even otherwise as per the complainant’s case, the applicants only acted as mediators, while the deal pertaining to the complainant’s property was being executed. Learned counsel for the applicants also submits that the complainant himself is involved in two cases in which he is alleged to have duped innocent purchasers.

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The applications are opposed by learned APP for the State, duly assisted by learned Senior Counsel for the complainant. Learned APP states that though the applicants have joined investigation, however, whereabouts of other accused are not being disclosed by them.

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Learned Senior Counsel for the complainant states that one of the offences pending investigation is under Section 327 IPC which prescribes punishment of imprisonment up to 10 years. He has also disputed the submissions made on behalf of the applicants about the complainant’s involvement in any of the aforesaid two cases.

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I have heard learned counsels for the parties as well as learned APP for the State and have also gone through the material placed on record. As per the case of the prosecution, the complainant has received simple injuries

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This is a digitally signed order.

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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 26/11/2024 at 11:54:22

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and though allegations of abduction are made, the complainant was released on the same day.

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Considering that the applicants have already joined investigation, the interim protections granted to the applicants vide orders dated 15.03.2024 and 05.04.2024 are made absolute and it is directed that in the event of arrest, the applicants be released on bail subject to them furnishing a personal bond in the sum of ₹25,000/- each with one surety of like amount each to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:-

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(i) At the time of furnishing bail bonds, the applicants shall provide their mobile numbers, which they undertake to keep operational at all times during the pendency of the trial.

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(ii) The applicants shall join the investigation as and when asked. (iii) The applicants shall inform the concerned Investigating Officer about their current residential address.

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(iv) In case of change of residential addresses/contact details, the applicants shall promptly inform the same to the concerned Investigating Officer/SHO.

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(v) The applicants shall not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.

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(vi) The applicants shall regularly appear before the Trial Court.

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The applications are disposed of in the above terms alongwith the pending application.

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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 26/11/2024 at 11:54:22

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Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application.

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MANOJ KUMAR OHRI, J

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NOVEMBER 19, 2024/ ssc

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Rajesh Kumar v. the State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Rajesh Kumar v. the State of NCT of Delhi & Anr.

Case brief

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