Advocates:
AAKARSH KAMRA

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Revised

ITEM NO.33 COURT NO.4 SECTION X

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Writ Petition(s)(Criminal) No(s).279/2022

MOHAMMED ZUBAIR Petitioner(s)

VERSUS

STATE OF NCT OF DELHI & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.98584/2022-INTERIM BAIL and IA

No.98585/2022-EXEMPTION FROM FILING O.T. and IA No.98261/2022-

PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA

No.98265/2022-APPLICATION FOR PERMISSION)

Date : 20-07-2022 This petition was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

HON'BLE MR. JUSTICE SURYA KANT

HON'BLE MR. JUSTICE A.S. BOPANNA

For Petitioner(s)

Ms. Vrinda Grover, Adv.

Mr. Soutik Banerjee, Adv.

Ms. Devika Tulsiani, Adv.

Mr. Mannat Tipnis, Adv.

Mr. Aakarsh Kamra, AOR

For Respondent(s)

Ms. Garima Prashad, Sr. Adv./AAG UP

Mr. Adarsh Upadhyay, AOR

Mr. Harsh Mishra, Adv.

Mr. Aman Pathak, Adv.

UPON hearing the counsel the Court made the following

O R D E R

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In terms of the signed reportable judgment, we allow the petition in part in terms

of the following directions:

Digitally signed by

Sanjay Kumar

Date: 2022.07.25

17:29:02 IST

Reason:

Signature Not Verified

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(i)

The petitioner shall stand enlarged on interim bail, subject to his filing a

personal release bond in the amount of Rs 20,000 in connection with the

following FIRs:

a)

FIR No. 502/2021, dated 15.06.2021, PS Loni Border, district

Ghaziabad u/s 153, 153-A, 295-A, 505, 120-B and 34 IPC.

b)

FIR No. 193/2021 dated 27.08.2021 registered at PS

Chandauli for offences punishable under Section 67 of IT Act.

c)

FIR No. 511/2021, dated 18.09.2021, PS Mohamadi district

Lakhimpur, u/s 153-A, 153B/505(1)8 and 505(2) IPC.

d)

FIR No. 226/2022 dated 01.06.2022, PS Khairabad, district

Sitapur, u/Sec 295-A(2) IPC and Section 67 of IT Act.

e)

FIR No. 286/2022 dated 10.06.2022, PS Sikandrarao, Hathras,

u/s 147, 149, 153A, 353, 188, 120-B of IPC and u/s 7 of the

CLA Act; and

f)

FIR No. 237/2022, dated 04.07.2022, PS Hathras Kotwali on a

complaint dated 14.06.2022 u/Sec 153-A, 295-A, 298 IPC and

section 67 of the IT Act;

(ii)

As regards Crime No 199 of 2021 dated 24 July 2021 registered at PS

Charthawal, Muzaffarnagar, the charge-sheet under Section 173 of CrPC has

been filed. The proceedings in respect of the said Case Crime shall stand

transferred to the Chief Judicial Magistrate, Patiala House Courts and shall be

taken up from the stage that has been reached before the earlier Court. The

petitioner has been enlarged on bail. The order enlarging the petitioner on

bail shall continue to remain in force;

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(iii)

The investigation into the FIRs set out in paragraph (i) above shall stand

transferred from the Uttar Pradesh Police to the Special Cell of the Delhi

Police. As a consequence, the SIT which was constituted by the Director

General of Police, Uttar Pradesh on 10 July 2022, shall stand disbanded;

(iv)

The directions contained in (i) and (iii) above shall stand extended to any

other FIR which may be registered against the petitioner hereafter in respect

of the same subject matter as the above FIRs in which event (a) the

investigation of the FIR shall stand transferred to the Special Cell of the Delhi

Police; (b) the petitioner shall be entitled to the order of interim bail, as set

out above.

(v)

The petitioner would be at liberty to pursue his rights and remedies in

proceedings under Article 226 of the Constitution / Section 482 of CrPC before

the High Court of Delhi in respect of the FIRs which have been or which may

be registered against him, and in that event, nothing contained in this

judgment shall amount to an expression of opinion on the merits of