Muskan v. State NCT Ofdelhi & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1849/2024 MUSKAN ..... Petitioner Through:

Mr. Ujjwal Goel, Advocate.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Ms. Kiran Bairwa, APP with SI Sonu and HC Upender, PS: Seemapuri.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 22.05.2024 1.

An application under Section 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for grant of anticipatory bail in FIR No. 0166/2024, under Sections 380/457 IPC, registered at PS: Seemapuri. Section 411 IPC was subsequently invoked. 2.

Issue notice. Learned APP for the State appears on advance notice and accepts notice.

3.

In brief, as per case of prosecution, present FIR was registered on complaint of respondent No. 2 / Om Prakash, who alleged theft of jewellery, mobile phone and purse etc. from his house. During course of investigation, accused Saami @ Samy was arrested. Further, stolen mobile phone was found to be operational and was being used by petitioner / Muskan (daughter of Mohd. Shafiq and Afsana).

4.

Learned counsel for petitioner submits that petitioner had only used the SIM Card of the said mobile phone and is in no manner connected with theft of said mobile phone.

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 02/07/2025 at 01:48:48

5.

On the other hand, learned APP for State opposes the application and submits that said mobile phone could not be recovered from petitioner, since she and her mother Afsana have refused to cooperate in investigation and hand over the mobile phone, which was in their possession. She further points out that non-bailable warrants already stand issued against petitioner, who has failed to join investigation.

6.

Considering the facts and circumstances, custody of petitioner appears to be imperative in order to recover stolen mobile phone. No grounds for anticipatory bail are made out. Application is accordingly dismissed. Pending applications, if any, also stand disposed of. ANOOP KUMAR MENDIRATTA, J.

MAY 22, 2024/R 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 02/07/2025 at 01:48:48