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High Court of DelhiBAIL APPLN./971/2020

Vijay Aggarwal v. State(NCT Of Delhi) & ANR.

2020-05-21Hon'Ble Mr. Justice Najmi Waziri2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 971/2020 & CRL.M.A. 6674/2020 VIJAY AGGARWAL .....Petitioner Through:

Mr. Amresh Anand and Mr. Gaurav Grover, Advocates.

versus STATE(NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Ravi Nayak, APP for State.

Mr. Anil Grover and Ms. Noopur Singhal, Advocates for R-2/State of Haryana.

Mr. Chetan Wahi, Advocate for complainant.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 21.05.2020

1. The hearing was conducted through video conferencing.

2. Issue notice.

3. The learned counsels named above accept notice on behalf of the respondents.

4. The petitioner is apprehensive of being arrested in investigations relating to FIR No. 259/2020 registered on 09.05.2020 at PS Mahesh Nagar, Ambala, Haryana under sections 406/409/420 read with 120 B of the Indian Penal Code, 1860. Four persons have been named in the FIR.

5. The Court is informed by Mr. Chetan Wahi, the learned counsel for the complainant, that apropos the application made by one of the persons named in the FIR, the learned Trial Court was informed that the Haryana Police is merely investigating the matter and at the

moment, there is no likelihood of a precipitate action in the form of an arrest of any of the said persons. Therefore, the Haryana Police is to provide a one-week notice for arrest so that the persons concerned could approach the appropriate legal forum for relief.

6. Mr. Anil Grover, the learned counsel for the State of Haryana submits that in the current pandemic situation, coupled with the fact that the case is at a stage of preliminary investigation, an arrest is presently not contemplated. He states that in the meantime, the petitioner should join the investigations Nevertheless, it will be open to the petitioner to approach the appropriate forum in the State of Haryana for such relief.

7. In view of the pandemic lockdown in the country, the petitioner is granted three weeks' time to seek relief before the appropriate judicial fora in the State of Haryana. Till then, no coercive measures shall be taken against the petitioner.

8. The learned counsel for the petitioner states that the petitioner will readily join investigation whenever so intimated by the Investigating Officer, provided circumstances for travel are conducive or permitted. Nevertheless, the petitioner would be ready and willing to always join investigations through video conferencing.

9. The petition is disposed-off in terms of the above.

10. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsel through email. NAJMI WAZIRI, J MAY 21, 2020/AB