Rasheed Ahmad v. State NCT Of Delhi

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1905/2024 RASHEED AHMAD ..... Petitioner Through:

Mr. Manish Batra and Mr. Lalit Kumar, Advocates.

versus STATE NCT OF DELHI ..... Respondent Through:

Ms. Kiran Bairwa, APP for State with Insp. Ichha Ram, P.S. Daryaganj.

Mr. Feroz Ahmed, Advocate for complainant (through VC).

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 28.05.2024 CRL.M.A. 16868/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

BAIL APPLN. 1905/2024 1.

Third 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. 242/2020 under Sections 380 IPC registered at P.S. Darya Ganj.

2.

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

In brief, as per the case of the prosecution, present FIR was registered on 12.12.2020 on complaint of one Fahimuddin (complainant) who alleged that the petitioner snatched a bag containing documents from possession of complainant on 19.10.2020 and the incident was captured in CCTV camera. 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 05/06/2024 at 14:40:06

4.

Learned counsel for the petitioner submits that no notice under Section 41A Cr.P.C. was given to the petitioner at any point of time. He further submits that the said documents have since been produced by one Mohd. Abrar and taken into possession by IO.

5.

Learned APP for the State vehemently opposes the application and submits that NBWs already stand issued against the petitioner and an application preferred by the petitioner for grant of anticipatory bail was earlier dismissed by this Court vide order dated 30.12.2020, while the second application was dismissed as withdrawn vide order dated 09.08.2021.

6.

I have given considered thought to the contentions raised. Investigating Officer informs that though some original documents have been produced by said Mohd. Abrar but recovery of entire set of documents is yet to be made. Learned APP further submits that petitioner right from the year 2020 has failed to join the investigation despite the earlier application, being dismissed by this Court. Considering the totality of facts and circumstances, 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 28, 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 05/06/2024 at 14:40:06