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High Court of DelhiCRL.REV.P./92/2025

Kushal Kanwar v. State Of NCT Of Delhi & ANR.

2025-03-06Hon'Ble Mr. Justice Vikas Mahajan2 pages

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 92/2025, CRL.M.A. 7249/2025, CRL.M.A. 7250/2025 & CRL.M.A. 7251/2025 KUSHAL KANWAR .....Petitioner Through:

Ms. Preeti Singh, Mr. Sunklan Paswal, Ms. Shefali Menezes and Ms. Sakshi Trivedi, Advs.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Aman Usman, APP for State SI Neeraj Saini, PS Neb Sarai.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 06.03.2025 1.

The present writ petition has been filed seeking following reliefs: "(a) Set aside the impugned Order dated 27.02.2025 passed by Sh. Gaurav Gupta, Ld Spl Judge-NDPS/ASJ (South), Saket Courts, New Delhi ("Ld. Sessions Court") in Bail Application no. 220 /2025 titled "Kushal Kanwar vs State of NCT of Delhi"; and (b) Grant anticipatory bail to the Petitioner in the event of his arrest in connection with FIR No. 0531/2022 registered at P.S. Neb Sarai, New Delhi, subject to such terms and conditions as may be imposed by this Hon‟ble Court."

2.

Essentially, the relief sought in the present petition is for grant of 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 17/03/2025 at 11:41:05

anticipatory bail. The learned APP at the outset submits that the present petition in the form of criminal revision petition seeking anticipatory bail is not maintainable.

3.

On objection being raised by the learned APP to the above effect, Ms.Preeti Singh, the learned counsel for the petitioner seeks to withdraw the present petition with liberty to file bail application. However, she submits that since the transaction is essentially of civil nature and further regard being had to the fact that the allegation pertains to the year 2018 whereas the FIR came to be registered only on 19.08.2022, this Court may protect her till the time of filing of bail application.

4.

In view of the above, the petition alongwith pending applications is dismissed as withdrawn with liberty as aforesaid. 5.

In the meanwhile, it is directed that no coercive action be taken against the present petitioner for a period of two weeks from today so that the petitioner could avail the appropriate remedy in accordance with law. 6.

It is clarified that nothing has been expressed on the merits of the case. VIKAS MAHAJAN, J MARCH 6, 2025 PB/N.S. ASWAL 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 17/03/2025 at 11:41:05