Mange Ram Kaushik v. Govt Of NCT Of Delhi & ANR.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1807/2022 MANGE RAM KAUSHIK ..... Applicant Through:
Mr.Abhishek Gupta, proxy counsel versus GOVT OF NCT OF DELHI & ANR.
..... Respondents Through:
Mr.Aman Usman, APP with Insp. Sandeep Kumar.
Mr.Shivender Gupta, Mr.Prakhar Bhardwaj, Advs.
for R-2.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 29.04.2024 1.
This application has been filed under Section 438 of the Code of Criminal Procedure, 1973 (In short, 'Cr.P.C.'), seeking grant of Anticipatory Bail in FIR no.199/2022, registered with Police Station: Vasant Kunj, South-West District, Delhi under Sections 147/149/150/427/379/307/452/201/506/120B/34 of the Indian Penal Code, 1860 (In short, 'IPC').
2.
This Court by the Order dated 08.06.2022 has granted interim protection in favour of the Applicant, observing as under: "1.
The present bail application has been filed under Section 438 Cr.P.C. on behalf of the applicant seeking anticipatory bail in FIR No. 199/2022 registered under Sections 147/149/150/427/379/307/452/201/506/120B/3 4 IPC at Police Station Vasant Kunj South, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Delhi.
2.
Learned counsel for the applicant submits that a civil suit is pending between the parties and the applicant is not even named in the FIR. He also submits that the applicant was not even present in Delhi on the alleged date of the incident.
3.
Issue notice.
4.
Learned APP for the State accepts notice and seeks some time to file the Status Report.
5.
Let the same be filed before the next date of hearing, which shall also indicate the previous involvements of the applicant, if any. 6.
List on 18th July, 2022.
7.
Till then, no coercive action be taken against the present applicant."
3.
Thereafter, the Applicant has been taking repeated adjournments on the dates of hearing on 01.09.2023, 19.12.2023, and again on 30.01.2024.
4.
Today again, a request for adjournment is made on behalf of the Applicant.
5.
In my view, the Applicant has been given ample opportunities to make submissions and the matter has also been called up three times during the course of the day.
6.
The learned APP points out that after obtaining the interim protection Order from this Court, the petitioner has not been cooperating with the investigation and has not produced the relevant documents.
7.
The learned counsel for the applicant submits that the applicant was hospitalized since 25.04.2024. This would however not explain the earlier default in not cooperating in the investigation. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Accordingly, this Court has no other option but to dismiss the present application.
9.
The Bail Application is, accordingly, dismissed. NAVIN CHAWLA, J APRIL 29, 2024 RN/AS 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.