Allowed¶29

Shakir Husain Ansari v. State through Its Standing Counsel

Delhi HC15 Jan 2025BAIL APPLN./1138/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 CrPC; Section 482 CrPC; FIR No. 514/2022; Sections 420/34 IPC; P.S. Seemapuri; cheating; copper scraps non-supply dispute; payment Rs. 15,75,000/-; deposit with Registrar General; order dated 19.07.2024; order dated 07.08.2024; chargesheet filed; investigation joined; personal bond Rs. 25,000/- with one surety; bail conditions; pending applications disposed; Delhi High Court; Amit Sharma J.; Shakir Husain Ansari; State through its Standing Counsel; January 2025.

What did the court decide?

Anticipatory bail granted: in the event of arrest, release on furnishing personal bond of Rs. 25,000/- with one surety of like amount to the satisfaction of the Investigating Officer/Arresting Officer/Trial Court/Link Court, subject to six conditions; pending application(s) disposed of. ¶29

Shakir Husain Ansari Vs State through Its Standing Counsel — Cheating and Forgery | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to Shakir Husain Ansari in FIR No. 514/2022 under Sections 420/34 IPC, registered at P.S. Seemapuri.

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Court's answer

The anticipatory bail application filed by the applicant is allowed; in the event of arrest, the applicant is to be released on bail on furnishing a personal bond of Rs. 25,000/- with one surety of like amount, subject to the stated conditions (no departure from the country without prior permission of the Trial Court; intimation of any change of residential address; appearance before the Trial Court as and when required; joining investigation as and when called; no influencing of witnesses; provision of mobile number to the Investigating Officer).

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Key takeaways

Nothing stated in the order is an opinion on the merits of the case; the observations are made only for the purpose of the present bail application.obiter¶31

Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J.), Bail Appln. 1138/2024, decided 15.01.2025: Anticipatory bail sought under Section 438 read with Section 482 Cr.P.C. in FIR No. 514/2022 (Sections 420/34 IPC), P.S. Seemapuri, arising from a dispute over non-supply of copper scraps despite payment by the complainant of the full amount of Rs. 15,75,000/-. During the pendency of the application, vide order dated 19.07.2024 the petitioner undertook to deposit the amount received (having already paid Rs. 7,55,000/-), and vide order dated 07.08.2024 it was recorded that Rs. 15,75,000/- had been deposited with the Registrar General. The learned APP confirmed these positions and submitted that the chargesheet had been filed before the competent court and that the applicant had joined the investigation. Accordingly, the Court allowed the anticipatory bail application, directing release on arrest upon furnishing a personal bond of Rs. 25,000/- with one surety of like amount, subject to conditions (no leaving the country without prior permission of the Trial Court; affidavit-intimation to the Trial Court and IO of any change of residential address; appearance before the Trial Court when the matter is taken up; joining investigation as and when called; no attempt to influence witnesses; providing mobile number to the IO and intimating changes). The application and pending application(s) were allowed/disposed of accordingly, with an express disclaimer that nothing in the order is an opinion on the merits of the case.

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1138/2024& CRL.M.A. 14052/2024 (Add.Document)

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CRL.M.A. 9891/2024(Interim Protection)

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SHAKIR HUSAIN ANSARI .....Petitioner Through: Mr. Deepak Vohra & Mr. Nishant Gupta, Advs.

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versus

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STATE THROUGH ITS STANDING COUNSEL .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP with Ms. Sangeeta, Adv.for the State. Mr. Kuldeep Singh, Adv. for complainant (through VC)

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 15.01.2025 1. This hearing has been done through hybrid mode.

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The present application under Section 438 read with Section 482 of the

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Cr.P.C. seeks anticipatory bail in case FIR No. 514/2022 under Sections 420/34 of the IPC, registered at P.S. Seemapuri.

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During the pendency of the present application, vide order dated 19.07.2024 it has been recorded as under:-

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“2. A perusal of the FIR shows that the dispute is regarding nonsupply of copper scraps. It is the case of the Complainant that in spite of payment of full amount of Rs.15,75,000/- to the Petitioner herein goods have not been received by him whereas the assertion of the Petitioner is that the goods have been supplied.

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Learned Counsel for the Petitioner voluntarily submits that the Petitioner is ready to deposit the amount received from the Complainant. He states that out of the total amount of

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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 24/01/2025 at 14:37:20

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Rs.15,75,000/- the Petitioner has already paid Rs.7,55,000/- to the Complainant and the balance amount will be deposited in the Court to safeguard the interests of the Complainant.”

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Subsequently, vide order dated 07.08.2024, it has been recorded that applicant has deposited 15,75,000/- before the worthy Registrar General of this Court.

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Learned APP for the State confirms the aforesaid position and on instructions from the Investigating Officer, submits that chargesheet in the present case has been filed before the court of competent jurisdiction. It has been further pointed out that the applicant has joined the investigation.

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In view of the above, the anticipatory bail application filed by the applicant is allowed. In the event of arrest, the applicant is directed to be released on bail on his furnishing personal bond of Rs. 25,000/- with one surety of like amount to the satisfaction of the Investigating Officer/Arresting Officer/Trial Court/Link Court, further subject to following conditions:

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i. The applicant shall not leave the country without prior permission of the learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.

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iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.

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iv. The applicant shall join the investigation as and when called by the Investigating Officer concerned.

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v. The applicant will not try to influence the witnesses in any manner.

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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 24/01/2025 at 14:37:20

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vi. The applicant shall provide his mobile number to the Investigating Officer and intimate about any change.

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The application is allowed and disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application.

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Order be uploaded on the website of this court forthwith.

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AMIT SHARMA, J

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JANUARY 15, 2025/ nk

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Click here to check corrigendum, if any

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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 24/01/2025 at 14:37:20

Shakir Husain Ansari v. State through Its Standing Counsel

Case brief

What is this about?

What did the court decide?

Shakir Husain Ansari v. State through Its Standing Counsel

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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