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High Court of DelhiBAIL APPLN./1868/2020

Mobin v. State Govt Of NCT Of Delhi

2020-07-24Hon'Ble Ms. Justice Prathiba M. Singh2 pages

SINDHU KRISHNAKUMAR 24.07.2020 20:42 $~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1868/2020 & CRL M.A. 9845/2020 MOBIN ..... Petitioner Through:

Mr.

V.

C.

Gautam, Advocate.

(M:8800152921) versus STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr. Mukesh Kumar, APP.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 24.07.2020 1.

This hearing has been done by video conferencing. 2.

The present petition has been filed by the Petitioner seeking anticipatory bail in a case arising out of FIR No. 310/2020. The allegation against the Petitioner is that he caused an injury and was involved in a robbery. The Sessions Court has refused anticipatory bail vide order dated 23rd June, 2020 on the ground that the Petitioner has been involved in 15 other cases, including 2 other cases of robbery. 3.

Ld. counsel for the Petitioner submits that as per the CCTV footage from his home on the date of the incident, the Petitioner was at his residence. The said CCTV footage ought to be examined by the Investigating Officer (IO).

4.

Mr. Mukesh Kumar, ld. APP submits that the FIR has already been registered and non-bailable warrants have been issued against the Petitioner. He further submits that the Petitioner is a habitual offender, who is also involved in 15 other cases and thus anticipatory bail ought not to be given. By:PRATHIBA M SINGH

5.

This Court has examined the matter. Considering the overall facts and circumstances, without going into the merits of the matter, this Court is of the opinion that simply on the ground that there is CCTV footage of the Petitioner allegedly being at his residence, would not be sufficient to grant anticipatory bail. The fact that the Petitioner is involved in 15 other cases also persuades the Court not to grant anticipatory bail. Needless to add, if there is any CCTV footage, the same would be considered during investigation, in accordance with law.

6.

The Petitioner is directed to surrender and co-operate in the investigation. However, his remedies for seeking bail upon his arrest are left open. No case for anticipatory bail is made out. 7.

With these observations, the bail application along with all pending applications is disposed of.

PRATHIBA M. SINGH, J.

JULY 24, 2020 dj/A By:PRATHIBA M SINGH