IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Mayank Singh Sikarwar – Appellant
Versus
The State, (Govt. of NCT of Delhi) – Respondent
Bail Appln. 1702 of 2023
Decided On : 12-07-2023
Anticipatory Bail - Criminal Procedure - The court granted anticipatory bail to the petitioner in a case involving sections 419/420/468/467/471/120-B IPC, subject to certain conditions.
Fact of the Case:
The petitioner filed an application for anticipatory bail as he was apprehending immediate arrest in a case where his role had surfaced in the disclosure statement of another individual. The state had issued a process under Section 82 Cr.P.C. against the petitioner.
Finding of the Court:
The court granted anticipatory bail to the petitioner, allowing him to join the investigation as directed by the Investigating Officer and to move an application before the Trial Court for recall of proceedings under Section 82 Cr.P.C. The court also imposed specific conditions for the grant of anticipatory bail.
Issues: The main issue was the petitioner's apprehension of immediate arrest and the state's issuance of a process under Section 82 Cr.P.C. against the petitioner.
Ratio Decidendi: The court's decision was influenced by the petitioner's apprehension of immediate arrest and the need to ensure cooperation in the investigation while imposing specific conditions for the grant of anticipatory bail.
Final Decision: The court granted anticipatory bail to the petitioner, subject to specific conditions, and listed the case for further hearing on a specified date.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. This is an application filed under section 438 Cr.P.C for grant of Anticipatory Bail in FIR no.66/2023 under sections 419/420/468/467/471/120-B IPC.
2. The State has filed the status report.
3. Perusal of the status report indicates that the role of the present petitioner has surfaced in the disclosure statement of Ashish Chaudhary.
4. Learned APP for the State submits that accused is absconding and even the process under Section 82 Cr.P.C. has been issued against the petitioner.
5. Learned counsel for the petitioner submits that since the petitioner is apprehending immediate arrest, therefore the present application has been filed. Let the petitioner join the investigation as and when directed by the IO.
6. In the meanwhile, petitioner shall also move an application before the learned Trial Court for recall of proceedings under Section 82 Cr.P.C.
7. In the meanwhile, if IO feels necessity of arresting the accused, he shall be admitted to anticipatory bail on furnishing a personal bond of Rs. 20,000/- with one surety of the like amount subject to the following conditions:
i. Petitioner shall cooperate in the investigation and appear before the Investigating Officer as and when required.
ii. Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. Petitioner shall also not create any hindrance in the search of his house and seizure of any documents if any recovered by the police.
iii. Petitioner shall give his mobile phone number in bail bond to the IO and keep the same operational with its location on.
iv. Petitioner is stated to be a resident of Datia, Madhya Pradesh. However, in case of change of address he shall inform the IO in advance.
8. List on 18.09.2023.
Grant of anticipatory bail and imposition of specific conditions to ensure cooperation in the investigation.
Granting of anticipatory bail and imposition of conditions to ensure cooperation in the investigation.
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The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding or interfering with the investigation, especially when custodial interrogation is not....
The seriousness of filing a false affidavit and obstructing the work of the Court, and the discretion of the court in allowing the withdrawal of an anticipatory bail application.
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments presented.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Anticipatory Bail – Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to peculiar ....
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