Umair Ul Haq v. State NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2080/2024 UMAIR UL HAQ .....Petitioner Through:
Ms. Shaziya, Advocate.
versus STATE NCT OF DELHI .....Respondent Through:
Mr. Amit Ahlawat, learned APP for the State with SI Happy Kumar, HC Manoj Kumar AATS/West and SI Rajeev P.S. Mayapuri.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 05.07.2024 1.
An Anticipatory Bail application under Section 438 Cr.P.C read with Section 482 Cr.P.C has been filed on behalf of the petitioner Umair ul Haq for grant of Anticipatory Bail.
2.
It is submitted in the petition that the bail application has been dismissed by the learned ASJ vide Order dated 22.05.2024. Hence, the present petition has been filed seeking Anticipatory Bail. 3.
The Status Report filed today in the Court be taken on Record. 4.
The briefly stated facts are that the mobile phone had been stolen and eFIR was registered through online mode on Delhi Police website by the complainant Abhishek Singh about the theft of his mobile phone make OPPO having IMEI number 867426062722979 and 867426062722961. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
After getting the IMEI Search Report from the concerned Nodal Officer, the CDR of the stolen mobile phone was analyzed by the team and the search was made.
It was found that these IMEI numbers were used in mobile number 9899800879 from 01.04.2024 to 08.04.2024 and in mobile number 7992333548 from 08.04.2024 to 18.04.2024.
5.
The ownership of the first mobile number was found to be in the name of Umair Ul Haq i.e. the petitioner and the second mobile number was found in the name of Vikas Kumar Singh.
6.
The stolen mobile phone has already been handed over by the accused Sh.Umar Ul Haq, the petitioner, who had joined investigations. It is, however, submitted that he is still not co-operating in disclosing the name of the co-accused Vikas Kumar Singh who is still absconding and the source from where he had procured this stolen mobile phone. The accused is hereby directed to co-operate and disclose the facts which are in his special knowledge.
7.
Submissions heard.
8.
Considering the circumstances as stated above, including the fact that the applicant has already joined the investigation, it is directed that in the event of arrest, the applicant be released on bail subject to him furnishing a personal bond in the sum of ₹20,000/- with one surety of like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:- (i) The applicant shall provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
(ii) The applicant shall join the investigation as and when asked.
(iii) The applicant shall inform the concerned Investigating Officer about his current residential address. (iv) In case of change of residential address/contact detail, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO.
(v) The applicant shall not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.
(vi) The applicant shall regularly appear before the trial Court.
9.
The application is disposed of in the above terms NEENA BANSAL KRISHNA, J JULY 5, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.