SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Del) 4814

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

Advocates appeared:
Mr. N.K. Mody, Senior Advocate with Mr. Prabuddha Singh Gaur, Advocate, for the Petitioner.
Mr. Amit Sahni, APP for State and SI Inder Veer Singh, PS Crime Branch.

Grant of anticipatory bail and imposition of specific conditions to ensure cooperation in the investigation.

Headnote:

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.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top