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High Court of DelhiBAIL APPLN./184/2024

Neeraj Kuamr Alias Rahul v. State Gnct Of Delhi

2024-01-16Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 184/2024 NEERAJ KUAMR ALIAS RAHUL ..... Petitioner Through:

Mr. Omkar Sharma, Advocate.

versus STATE GNCT OF DELHI ..... Respondent Through:

Ms. Meenakshi Dahiya, APP with SI Bhoop Singh and ASI Anil Kumar, PS: Dwarka North.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 16.01.2024 CRL.M.A. 1403/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

BAIL APPLN. 184/2024 1.

An application under Section 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for grant of anticipatory bail in FIR No. 649/2023 under Sections 429/120B/34 IPC and Sections 4/12 of DACP Act registered at P.S. : Dwarka North, Delhi. 2.

As per the case of the prosecution, investigation commenced on the complaint of one Rupesh Rana regarding illegal slaughtering of cows. He alleged that all the four accused, who were present at the time of slaughtering fled from the spot, but tempo No. DL1LX2892 was seized in which the flesh of the slaughtered animals was found. Also two slaughtered heads of cows/cattle were found at the spot.

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 17/05/2024 at 12:17:44

3.

Learned counsel for the petitioner submits that petitioner had been initially granted interim protection by learned ASJ, but finally the application for anticipatory bail was dismissed. It is further contented that petitioner is not involved in the incident in any manner.

4.

On the other hand, learned APP for the State vehemently opposes the application and submits that petitioner is involved in another FIR No. 728/2022 under Sections 428/429 IPC, Section 11 PCA Act and Section 12 of DACP Act registered at P.S.: Ranhola. It is further submitted that petitioner failed to cooperate in investigation and share his mobile number, in order to enable the prosecution to collect the CDR details. It is also pointed out that co-accused are absconding.

5.

The facts and circumstances of the case reflect involvement of several people in illegal slaughtering of cows. The evidence regarding slaughtering is self-evident, since slaughtered heads of two cows were recovered from the spot. The accused is already involved in a similar kind of offence and his custodial interrogation appears to be necessary. For the foregoing reasons, no grounds for anticipatory bail are made out.

Application is accordingly dismissed.

ANOOP KUMAR MENDIRATTA, J.

JANUARY 16, 2024/R 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 17/05/2024 at 12:17:44