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High Court of DelhiCRL.M.C./2654/2021

Ms. Triveni v. State Of NCT Of Delhi & ANR. & ORS.

2025-01-22Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2654/2021 MS. TRIVENI .....Petitioner Through:

Mr. Shivam & Mr.Abubakar Ali, Advocates

Versus

STATE OF NCT OF DELHI & ANR.

.....Respondent Through:

Ms.Meenakshi Dahiya, Additional Public Prosecutor for RespondentState with SI Sandeep Kumar

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 22.01.2025 1.

The present Petition under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' hereinafter) has been filed on behalf of the Petitioner/Complainant seeking setting aside of Order dated 24.11.2014 passed by the learned Trial Court, whereby Respondent No.2 has been granted bail in FIR No.494/2014, under Sections 354/506/502 of the Indian Penal Code, 1860 ('IPC' hereinafter), registered at Police Station Dr. Ambedkar Nagar, Delhi. 2.

The Petitioner, who is the Complainant of the FIR in question, has submitted that Respondent No.2 has been extending threat to her for which she had made Complaints on 25.03.2014, 5.09.2014, 30.09.2014 and 13.10.2014, despite which no action has been taken by the police. 3.

It is further submitted by learned Counsel for Petitioner that another incident had taken place on 04.09.2019 in respect of which a 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 27/01/2025 at 11:58:21

complaint was made to the Police but no action was taken. A complaint dated 07.09.2019 has also been made in respect of rampage due to stone pelting over her house, which she suspects to have been committed by Respondent No.2/Accused. Looking at the conduct of Respondent No.2, the bail granted to him vide Order dated 24.11.2014, deserves to be cancelled.

4.

Learned Additional Public Prosecutor for Respondent-State submits that the trial has already concluded and now the matter is pending for final arguments. It is submitted that no specific ground has been urged in the Petition seeking cancellation of the bail. 5.

Submissions heard and record perused.

6.

The main ground seeking cancellation of bail of Respondent No.2 is that four complaints had been made by the Petitioner/ Complainant in 2014 on which no action was taken. Pertinently, the two complaints dated 04.09.2019 and 07.09.2019 are in respect of independent incidents for which the Petitioner is at liberty to seek her remedy in accordance with the law.

7.

There is no ground whatsoever made out for cancellation of the bail in the present Petition, which has been filed only in the year 2021 in respect of alleged threat made in the year 2014. Moreover, evidence has already been concluded and the matter is at the stage of final hearing. 8.

There is no merit in the present Petition, which is hereby dismissed.

NEENA BANSAL KRISHNA, J JANUARY 22, 2025/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 27/01/2025 at 11:58:21