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High Court of DelhiBAIL APPLN./1221/2025

Sunita v. State Govt. Of NCT Of Delhi

2025-04-29Hon'Ble Mr. Justice Ravinder Dudeja4 pages

$~15 to 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1215/2025 & CRL.M.A. 9435/2025 INTERIM PROTECTION AGAINST ANY COERCIVE ACTION.

PUJAN .....Petitioner Through:

Mr. Rahul Sharma, Mr. Deepak Ghai, Ms. Drishti Juneja, Mr. Utkarsh Jaiswal, Mr. Sanjay Jain, Mr. Sachin, Mr. Gaurav Gogia, Mr. Rahul, Ms.

Rama Jaiswal, Advocates.

versus STATE GOVT. OF NCT OF DELHI .....Respondent Through:

Ms. Priyanka Dalal, APP with SI Dhiraj Singh, PS-Shalimar Bagh.

16.

+ BAIL APPLN. 1221/2025 & CRL.M.A. 9485/2025 INTERIM PROTECTION AGAINST ANY COERCIVE ACTION.

SUNITA .....Petitioner Through:

Mr. Rahul Sharma, Mr. Deepak Ghai, Ms. Drishti Juneja, Mr. Utkarsh Jaiswal, Mr. Sanjay Jain, Mr. Sachin, Mr. Gaurav Gogia, Mr. Rahul, Ms.

Rama Jaiswal, Advocates.

versus STATE GOVT. OF NCT OF DELHI .....Respondent Through:

Ms. Priyanka Dalal, APP with SI Dhiraj Singh, PS-Shalimar Bagh.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

17.

+ BAIL APPLN. 1245/2025 & CRL.M.A. 9664/2025 INTERIM PROTECTION AGAINST ANY COERCIVE ACTION.

DEEPAK .....Petitioner Through:

Mr. Rahul Sharma, Mr. Deepak Ghai, Ms. Drishti Juneja, Mr. Utkarsh Jaiswal, Mr. Sanjay Jain, Mr. Sachin, Mr. Gaurav Gogia, Mr. Rahul, Ms.

Rama Jaiswal, Advocates.

versus STATE GOVT. OF NCT OF DELHI .....Respondent Through:

Ms. Priyanka Dalal, APP with SI Dhiraj Singh, PS-Shalimar Bagh.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 29.04.2025 1.

These are three applications under Section 482 BNSS, 2023, filed on behalf of accused-Pujan, Sunita and Deepak for grant of anticipatory bail. 2.

Learned counsel for the applicants submits that during the pendency of the applications before the Sessions Court, the applicants were granted interim protection with direction to join the investigation and all the three applicants joined the investigation. During such investigation, recovery of dandas has also been affected at the instance of the applicants. It is submitted that applicants are not required for further investigation. Learned counsel further submits that applicant-Deepak is not seen in the CCTV footage, upon which prosecution is relying its case. He submits that this prima facie proves that he was not present at the spot at the time of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

alleged incident and has been framed, being the husband of co-accusedSunita. 3.

State has filed the status report. The same is taken on record. 4.

The applications are opposed by learned APP appearing for the State, submitting that in CCTV footage-Sunita and Pujan are visible and there is specific allegation against the accused-Deepak in the FIR that he had given blow with danda to the complainant while he was trying to run away from the spot. It is further submitted by the learned APP that the allegations are grave and serious in nature, and therefore, the applicants are not entitled for grant of bail. Learned APP further submits that applicants are bad characters of the area and are involved in number of criminal cases under the Excise Act and Delhi Public Gambling Act.

5.

As per the allegations in the FIR, on the basis of information received from SI Ravi Saini about illegal liquor trafficking in U & V Block, Jhuggi Shalimar Bagh, he along with Constable, Sagar went to the location where Inspector Rohit from the Excise Department also joined him. They found some cardboard boxes near Jhuggi No. 102, U & V Block, Shalimar Bagh, where all three applicants were present. During questioning, Sunita became aggressive and started shouting and creating disturbance. Crowd gathered at the spot along with sticks and buckets. In the commotion, Sunita threw chilli powder water at ASI Sanjay Kumar and other police officials in their eyes. Deepak gave danda blow to ASI Sanjay Kumar.

6.

Admittedly, the applicants have joined the investigation while they were granted interim protection. Admittedly, sticks and buckets have already been recovered from the possession of the applicants. That being so, they are not required for any further investigation. No useful purpose shall be served The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by taking them into custody. Hence, keeping in view the entirety of facts and circumstances and in the light of submissions made, it is directed that in the event of arrest of any of the three applicants, they be released subject to them furnishing a personal bond in the sum of Rs. 20,000/- with a surety of the like amount to the satisfaction of the Arresting Officer/Duty Magistrate, subject to the condition that they shall join the investigation as and when directed by the Investigating Officer and shall not tamper with the evidence. 7.

The petitions are accordingly disposed of.

RAVINDER DUDEJA, J APRIL 29, 2025/vd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.