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High Court of DelhiCRL.M.C./1726/2021

Rinku Kumari v. The State Of NCT Of Dlehi & ANR.

2024-03-06Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1726/2021 RINKU KUMARI ..... Petitioner Through:

Mr. Varun Kumar, Advocate.

versus THE STATE OF NCT OF DLEHI & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Kamal Chaudhary, PS Prem Nagar.

Mr. Himanshu Arora, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 06.03.2024 1.

Learned counsel for petitioner submits that application under Section 439(2) Cr.P.C. for cancellation of anticipatory bail granted vide order dated 10.09.2020 has been preferred, since respondent no. 2 has violated the conditions of bail imposed vide aforesaid order. It is further submitted that proceedings under Section 107/151 Cr.P.C. were initiated against respondent no. 2 and an FIR No. 223/2022 was also registered with reference to same incident.

2.

Learned APP for the State submits that the aforesaid FIR No. 223/2022 is still under investigation and final report is likely to be filed within a period of four weeks.

3.

Learned counsel for respondent no. 2 disputes the aforesaid incident and points out that there has been no further incident between the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/03/2024 at 11:21:38

since January 2021.

4.

Petitioner is on anticipatory bail in terms of order dated 10.09.2020. The chargesheet in the present FIR No. 289/2020 has already been filed and the case is pending at the stage of evidence. Considering the fact that there has been no further incident between the parties after January 2021, this Court is of the opinion that no purpose shall be served by cancelling the bail of respondent no. 2 at this stage. Respondent No.2 is bound to comply with the conditions imposed vide order dated 10.09.2020, failing which petitioner, shall be at liberty to take appropriate steps in accordance with law.

5.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J MARCH 6, 2024/akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/03/2024 at 11:21:38