Ashu Khan v. State

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 687/2020 ASHU KHAN ..... Petitioner Through:

Mr Faran Ahmed, Advocate.

versus STATE ..... Respondent Through:

Ms Kusum Dhalla, APP for State with SI Raj Kumar, PS Model Town.

Ms Aakanksha Bansal, Advocate for the complainant.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.03.2020 CRL.M.A. 5212/2020 1.

Allowed, subject to all just exceptions.

BAIL APPLN. 687/2020 2.

The petitioner has filed the present petition, inter alia, praying that the petitioner be released on anticipatory bail in connection with FIR No. 0242/2016, under Sections 420/406/34 of the IPC registered with PS Model Town.

3.

The petitions had been moved before this Court earlier by filing similar petitions and the same were dismissed. The last petition (Bail Application No.181/2020) was dismissed on 23.01.2020. 4.

The learned counsel appearing for the petitioner submits that a

previous petition for anticipatory bail had been dismissed as it was reported that the petitioner had been declared a proclaimed offender. He submits that the same is erroneous, as the petitioner was declared a proclaimed person and not a proclaimed offender by an order dated 14.01.2019. He also referred to an order dated 31.07.2018 passed by this Court in Crl. Rev. P. 223/2018 captioned 'Sanjay Bhandari v. State (NCT of Delhi)'. 5.

Ms Dhalla, learned APP submits that the aforesaid contentions are erroneous as the petitioner has been declared a proclaimed offender. 6.

In any view of the matter, the petitioner has not joined the investigation and admittedly, proceedings under Section 82 of the CrPC have been instituted against him.

7.

In view of the above, this Court does not consider it apposite to accede to the prayer made by the petitioner.

8.

The petition is, accordingly, dismissed.

VIBHU BAKHRU, J MARCH 11, 2020 MK