Kannan v. The State (Govt. Of NCT Of Delhi) & ANR.
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 917/2024 KANNAN ..... Petitioner Through:
Mr. Ravin Rao, Mr. Anuj Arya, Mr Pallav Gupta, Mr. Akshit Sawal and Mr. Ayan Sharma, Advocates.
versus THE STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondents Through:
Mr. Laksh Khanna, APP for State with SI Shivendra Singh, SI Rohit Chahar PS Subhash Place, Delhi.
Mr. J.S. Arya, Ms. Komal, Ms. Somi, Mr. Manender Kumar, Mr. Ajeya Singh and Ms. Pinki, Advocates for complainant.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 25.04.2024 1.
The present application has been filed under Section 438 read with Section 482 Cr.PC. seeking anticipatory bail in FIR No.0024/2024 registered under Sections 380/454 IPC at P.S. Subhash Place, District North West, Delhi.
2.
Learned counsel for the petitioner/applicant submits that after being granted interim protection, the applicant has joined investigation. He further submits that the applicant is not involved in any other case. On merits, it is stated that the only material cited against the applicant is that of the applicant being seen in a CCTV footage, however the footage itself does not show that the applicant carrying any stolen chest. He further states that mere CDR location of the applicant is not a proof of offence. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The application is opposed by Mr. Laksh Khanna, learned APP for the State duly assisted by learned counsel for the complainant, who states that the stolen chest is yet to be recovered. He states that the applicant is not cooperating in the investigation. He however, on instructions from the IO confirms that the applicant is not involved in any other case. On a specific query, he states that as per the CCTV footage which was seized, it is the applicant who is seen riding the scooty. Further, between him and the pillion rider, they can be seen carrying something however, the same is not visible as it was wrapped in a piece of cloth.
4.
Keeping in view the aforesaid facts and circumstances and the fact that the applicant has already joined the investigation, the interim protection granted to the applicant vide order dated 21.03.2024 is made absolute and it is directed that in the event of arrest, the applicant be released on bail subject to him furnishing a personal bond in the sum of ₹25,000/- with one surety of like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:- (i) At the time of furnishing bail bond, the applicant shall provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial.
(ii) The applicant shall join the investigation as and when, he is asked for. (iii) The applicant shall inform the concerned Investigating Officer about his current residential address.
(iv) In case of change of residential address/contact detail, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO. (v) The applicant shall not directly or indirectly try to get in touch with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the complainant or any other prosecution witnesses or tamper with the evidence.
(vi) The applicant shall regularly appear before the trial Court as and when the charge sheet is filed.
5.
The application is disposed of in the above terms. MANOJ KUMAR OHRI, J APRIL 25, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.