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2023 Supreme(Del) 2282

AMIT SHARMA
Kapil Taneja (in Jc) – Appellant
Versus
State, (Govt. NCT of Delhi) – Respondent


Advocates appeared:
Saket Sikri, R.S. Sahni, Gautam Khazanchi, Ajay Pal Singh Kullar, Ms. Priya Singh, K.V. Sriwas Narayanan & Vinayak Chawla, Advocates, for the Petitioner.
Amit Ahlawat, APP, for the State alongwith Gagan Kumar, Advocate & SI Manish Kumar, NR-I/Crime Branch.

JUDGMENT

Amit Sharma J. The present application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') has been moved on behalf of Sh. Kapil Taneja (hereinafter referred to as the 'applicant') seeking regular bail in case FIR No. 217/2022, under Sections 419/420/120B/34/389 of the Indian Penal Code, 1860 read with Sections 66C and 66D of the Information Technology Act, 2000, registered at PS Crime Branch.

2. Learned counsel for the applicant submits that the applicant was arrested in the present case on 21.09.2022. It is submitted that the Investigating Officer was granted 5 days police remand during investigation from 21.09.2022 to 26.09.2022 and thereafter, the applicant has been in judicial custody.

3. Learned counsel for the applicant further submits that there was noncompliance of Section 41A of Cr.P.C and relies upon the following judgments, in support thereof:

i. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273

ii. Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51

iii. Sunny v. State NCT of Delhi, BAIL APPLN. 1107/2022

iv. Munawar v. State of M.P., 2021(3) SCC 712

v. Rakesh Kumar v. Vijayanta Arya (DCP) & Ors., 2021

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