Allowed¶6

Aarti @ Arti @ Arati v. the State (Nct of Delhi) through SHO P.S Kirti Nagar

Delhi HC24 Mar 2025BAIL APPLN./4671/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 174A IPC; proclaimed offender; non-bailable warrants unexecuted; Section 138 Negotiable Instruments Act trial absence during Covid lockdown; FIR No. 434/2023 PS Kirti Nagar; Delhi High Court BAIL APPLN. 4671/2024; Girish Kathpalia J.; personal bond Rs. 10,000/- with one surety; complainant de facto no objection; interim bail in NI Act proceedings.

What did the court decide?

Anticipatory bail: release on bail in the event of arrest upon furnishing a personal bond of Rs. 10,000/- with one surety in the like amount, to the satisfaction of the Investigating Officer/SHO. ¶6

Aarti @ Arti @ Arati Vs the State (Nct of Delhi) through SHO… — Cheque Dishonour | Delhi HC (2025)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 4671/2024

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AARTI @ ARTI @ ARATI .....Petitioner

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Through: Mr. Alok Tripathi, Advocate.

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versus

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THE STATE (NCT OF DELHI) THROUGH SHO P.S KIRTI NAGAR .....Respondent Through: Ms. Priyanka Dalal, APP for the State with SI Rahul Yadav, PS Kirti Nagar

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CORAM:

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HON'BLE MR. JUSTICE GIRISH KATHPALIA

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O R D E R

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% 24.03.2025

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[ Physical Hearing/Hybrid Hearing (as per request)]

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Since none appears for the complainant de facto, matter is passed

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over.

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GIRISH KATHPALIA, J

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Present:

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Mr. Manjeet Kumar, Advocate for complainant de facto

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Mr. Alok Tripathi, Advocate for petitioner.

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Ms. Priyanka Dalal, APP for the State with SI Rahul Yadav, PS Kirti Nagar

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In this call, learned counsel for complainant de facto has appeared and in all fairness he submits no objection to this petition.

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The petitioner seeks anticipatory bail in FIR No. 434/2023 of PS Kirti

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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 25/03/2025 at 13:35:22

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Nagar for offence under Section 174A IPC.

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It appears that the petitioner was facing trial under Section 138 Negotiable Instruments Act and during Covid lockdown shifted her residence but due to inadvertence could not inform her fresh address before the Trial Court. The petitioner stopped appearing before the Trial Court under mistaken impression that the dispute got settled during the Covid period. As such, Non-Bailable Warrants were issued against her, which could not be executed as she had changed her residence, therefore she was declared proclaimed offender and FIR No. 434/2023 was registered against her.

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It is submitted by learned counsel for petitioner that in the proceedings under Section 138 Negotiable Instruments Act she has already been granted interim bail and she undertakes to appear in those proceedings as well as in the trial arising out of FIR No. 434/2023 regularly.

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Considering the above circumstances, the application is allowed and it is directed that in the event of arrest, petitioner shall be released on bail subject to her furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Investigating Officer/SHO.

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GIRISH KATHPALIA, J

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MARCH 24, 2025/ tp

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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 25/03/2025 at 13:35:22

Aarti @ Arti @ Arati v. the State (Nct of Delhi) through SHO P.S Kirti Nagar

Case brief

What is this about?

What did the court decide?

Aarti @ Arti @ Arati v. the State (Nct of Delhi) through SHO P.S Kirti Nagar

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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