Shakir Husain Ansari v. State Through Its Standing Counsel
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1138/2024& CRL.M.A. 14052/2024 (Add.Document) CRL.M.A. 9891/2024(Interim Protection) SHAKIR HUSAIN ANSARI .....Petitioner Through:
Mr. Deepak Vohra & Mr. Nishant Gupta, Advs.
versus STATE THROUGH ITS STANDING COUNSEL .....Respondent Through:
Mr. Yudhvir Singh Chauhan, APP with Ms. Sangeeta, Adv.for the State.
Mr.
Kuldeep Singh, Adv.
for complainant (through VC)
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 15.01.2025 1.
This hearing has been done through hybrid mode. 2.
The present application under Section 438 read with Section 482 of the Cr.P.C. seeks anticipatory bail in case FIR No. 514/2022 under Sections 420/34 of the IPC, registered at P.S. Seemapuri. 3.
During the pendency of the present application, vide order dated 19.07.2024 it has been recorded as under:- "2. A perusal of the FIR shows that the dispute is regarding nonsupply of copper scraps. It is the case of the Complainant that in spite of payment of full amount of Rs.15,75,000/- to the Petitioner herein goods have not been received by him whereas the assertion of the Petitioner is that the goods have been supplied.
3. Learned Counsel for the Petitioner voluntarily submits that the Petitioner is ready to deposit the amount received from the Complainant. He states that out of the total amount of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Rs.15,75,000/- the Petitioner has already paid Rs.7,55,000/- to the Complainant and the balance amount will be deposited in the Court to safeguard the interests of the Complainant." 4.
Subsequently, vide order dated 07.08.2024, it has been recorded that applicant has deposited 15,75,000/- before the worthy Registrar General of this Court.
5.
Learned APP for the State confirms the aforesaid position and on instructions from the Investigating Officer, submits that chargesheet in the present case has been filed before the court of competent jurisdiction. It has been further pointed out that the applicant has joined the investigation. 6.
In view of the above, the anticipatory bail application filed by the applicant is allowed. In the event of arrest, the applicant is directed to be released on bail on his furnishing personal bond of Rs. 25,000/- with one surety of like amount to the satisfaction of the Investigating Officer/Arresting Officer/Trial Court/Link Court, further subject to following conditions: i.
The applicant shall not leave the country without prior permission of the learned Trial Court.
ii.
The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii.
The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.
iv.
The applicant shall join the investigation as and when called by the Investigating Officer concerned.
v.
The applicant will not try to influence the witnesses in any manner.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
vi.
The applicant shall provide his mobile number to the Investigating Officer and intimate about any change. 7.
The application is allowed and disposed of accordingly. 8.
Pending application(s), if any, also stand disposed of. 9.
Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application.
10.
Order be uploaded on the website of this court forthwith. AMIT SHARMA, J JANUARY 15, 2025/nk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.