Dismissed¶22

Salim Khan v. the State NCT of Delhi

Delhi HC16 Jan 2025BAIL APPLN./182/2025

Case brief

AI extract

What is this about?

Salim Khan transit anticipatory bail application dismissed by High Court of Delhi (Neena Bansal Krishna, J.) on 16.01.2025 in Bail Appln. 182/2025 under Section 483 BNSS 2023 read with Section 438 CrPC for FIR No. 0003/2025, P.S. Asmauli, Distt. Sambhal, UP, offences Sections 74/352/61(2)(a) BNSS and Section 3(2)(va) SC/ST Act 1989; serious SC/ST Act allegations cited as basis for refusal; FIR alleged counter blast to Petitioner's complaint CT Case No. 13134/2024 under S.223/175(3) BNSS; advocates Mithan Lal (Petitioner) and Shoaib Haider APP (State); ancillary Crl.M.A. 1181/2025 disposed.

What did the court decide?

Having regard to the serious allegations under The Scheduled Castes and The Scheduled Tribes (Prevention Of Atrocities) Act, no case is made out for granting Transit Bail / Anticipatory Bail to the Petitioner. ¶21

Salim Khan Vs the State NCT of Delhi — Delhi HC (2025) — LawSathi Research

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$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 182/2025

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SALIM KHAN .....Petitioner Through: Mr.Mithan Lal, Advocate

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Versus

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THE STATE NCT OF DELHI .....Respondent Through: Mr.Shoaib Haider, Additional Public Prosecutor for Respondent-State with SI Sanjay Bansal

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 16.01.2025 Crl.M.A.1181/2025

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Allowed subject to all just exceptions.

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The application is disposed of.

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BAIL APPL. 182/2025

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The Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 read with Section 438 of Code of Civil Procedure, 1973 has been filed by the Petitioner seeking Transit/Anticipatory Bail in FIR No. 0003/2025, registered at Police Station Asmauli, Distt. Sambhal, UP for the offences under Sections 74/352/61(2)(a) of Bhartiya Nagrik Suraksha Sanhita, 2023 and Section 3(2) (va) of The Scheduled Castes and The Scheduled Tribes (Prevention Of Atrocities) Act, 1989.

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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 15:27:54

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Learned counsel appearing on behalf of the Petitioner has submitted that from the contents of the Complaint, it is apparent that no office under SC/ST Act is made out. The Petitioner is a 47 years old law abiding citizen, has a wife to support and has not committed any offence. There is delay of two months in registration of the FIR in question. In fact, the present FIR is a counter blast to the Complaint under Section 223 of BNSS R/W 175(3) BNSS (CT Case No. 13134/2024 Dated 20.12.2024) made by the Petitioner against the Complainant of FIR No. 0003/2025.

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It is stated that no such incident as alleged in the FIR, has ever happened with the Complainant and she along with other five persons, has regularly been calling upon the Petitioner and threatening him. Also, that on 08.12.2024 at about 02:00 PM, the Complainant with five other persons came to his house and abused him and gave merciless beatings and threatened to implicate him in a false rape case. 6. Learned Counsel for Petitioner submits that Petitioner has an apprehension of being arrested by Police of Police Station Ajmoli, UP in a false case. The learned Additional Session Judge has erroneously dismissed his Anticipatory /Transit Bail Application. Petitioner seeks two weeks’ Anticipatory/ Transit Bail to enable him to approach the concerned Court. 7. Mr. Shoaib Haider, learned Additional Public Prosecutor for Respondent-State, has appeared on advance Notice and opposed the Bail Application submitting that Police Station Asmauli, Distt. Sambhal, is hardly at a distance of 100 kms. from Delhi and there is no impediment for the Petitioner to approach the concerned Court. Moreover, in the light of the serious allegations made in the Complaint, Anticipatory Bail cannot be granted to the Petitioner.

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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 15:27:54

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Submissions heard.

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There are serious allegations under The Scheduled Castes and The Scheduled Tribes (Prevention Of Atrocities) Act. No case is made out for Transit Bail / Anticipatory Bail.

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The Bail Application is hereby dismissed.

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NEENA BANSAL KRISHNA, J

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JANUARY 16, 2025

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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 15:27:54

Salim Khan v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Salim Khan v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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