Pradeep Singh Salaria v. State NCT Of Delhi

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1867/2024 PRADEEP SINGH SALARIA ..... Petitioner Through:

Ms.Richa Kapoor, Mr.Jai Batra and Mr.Sandesh Kumar, Advocates versus STATE NCT OF DELHI ..... Respondent Through:

Ms.Meenakshi Dahiya, APP for State with Insp. Pramod Kumar, ATO/P.S.

Mayur Vihar.

Mr.Akash Arora and Mr.Aaryan Deol, Advocates for complainant.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 24.05.2024 CRL.M.A. 16384/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

BAIL APPLN. 1867/2024 1.

An application under Section 438 read with Section 482 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. 556/2023 under Sections 406/419/420/467/468/471/474/34/120B IPC registered at P.S. Mayur Vihar. 2.

Issue notice. Learned APP for the State alongwith learned counsel for complainant appear on advance notice and accept notice. 3.

Learned APP for the State, at the outset, objects to the filing of the present application under Section 438 Cr.P.C. directly before this Court 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 28/05/2024 at 12:06:11

without preferring an application before the Court of Sessions. 4.

At this stage, learned counsel for the petitioner seeks liberty to file an application under Section 438 Cr.P.C. before the learned trial court and prays that presence of the petitioner may not be insisted upon by the investigating officer on 25.05.2024, since the petitioner had earlier joined the investigation. She further prays that petitioner be summoned again, if required by the investigating officer in second week of June as he has to travel from Jammu.

5.

Taking the statement of learned counsel for the petitioner on record, application is accordingly disposed of with liberty to the petitioner to prefer an application before learned Sessions Court in the first instance without expressing any opinion on merits of the case and without prejudice to the rights and contentions of the parties. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J MAY 24, 2024/v 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 28/05/2024 at 12:06:11