Anil Kumar Chaudhary v. State & ANR
$~36, 37, 39, 40 & 42 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5249/2019 ANIL KUMAR CHAUDHARY .....Petitioner Through:
Mr. H.S. Phoolka, Sr.
Advocate with Ms. Shilpa Dewan & Ms. Surpreet Kaur, Advocates.
versus STATE & ANR .....Respondents Through:
Mr. Ajay Vikram Singh, APP for the State.
SI Manoj Kumar (P.S.
AEKC Crime Branch).
Mr.
Amit Ahlawat, Advocate.
+ CRL.M.C. 5250/2019 ANIL KUMAR CHAUDHARY .....Petitioner Through:
Mr. H.S. Phoolka, Sr.
Advocate with Ms. Shilpa Dewan & Ms. Surpreet Kaur, Advocates.
versus STATE & ANR .....Respondents Through:
Mr. Ajay Vikram Singh, APP for the State.
SI Manoj Kumar (P.S.
AEKC Crime Branch).
Mr.
Amit Ahlawat, Advocate.
+ CRL.M.C. 5252/2019 ANIL KUMAR CHAUDHARY .....Petitioner Through:
Mr. H.S. Phoolka, Sr.
Advocate with Ms. Shilpa Dewan & Ms. Surpreet Kaur, Advocates.
versus STATE & ANR .....Respondents Through:
Mr. Ajay Vikram Singh, APP for the State.
SI Manoj Kumar (P.S.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
AEKC Crime Branch).
Mr.
Amit Ahlawat, Advocate.
+ CRL.M.C. 6651/2019 STATE .....Petitioner Through:
Mr. Ajay Vikram Singh, APP for the State.
SI Manoj Kumar (P.S.
AEKC Crime Branch).
Mr.
Amit Ahlawat, Advocate.
versus OM PRAKASH SHARMA .....Respondent Through:
Mr. H.S. Phoolka, Sr.
Advocate with Ms. Shilpa Dewan & Ms. Surpreet Kaur, Advocates.
+ CRL.M.C. 6656/2019 STATE .....Petitioner Through:
Mr. Ajay Vikram Singh, APP for the State.
SI Manoj Kumar (P.S.
AEKC Crime Branch).
Mr.
Amit Ahlawat, Advocate.
versus STATENDER @ CHHUTKU .....Respondent Through:
Mr. H.S. Phoolka, Sr.
Advocate with Ms. Shilpa Dewan & Ms. Surpreet Kaur, Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 26.09.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
1.
The present petitions are filed challenging the orders dated 25.09.2019, 30.09.2019 passed by the learned Additional Sessions Judge ('ASJ'), Saket Courts, Delhi in FIR No. 227/2019 whereby Respondent No. 2 in CRL. M.C. 5249/2019, Respondent No. 2 in CRL. M.C. 5250/2019, and Respondent No. 2 in CRL. M.C. 5252/2019 were enlarged on bail. 2.
The FIR in the present case was registered on a complaint given by the petitioner/ Anil Kumar Chaudhary alleging that on 07.08.2019 at about 10:30 pm when the petitioner was on his way home from his office and had reached in front of the Hudco Place, four accused persons in their Honda City car chased the petitioner's car, and allegedly forcibly stopped his car. It is alleged that thereafter, the accused persons came out of their car, and allegedly started assaulting the petitioner with iron rod, paper cutter, and with fists and kicks. It is alleged that the accused persons gave beatings to the petitioner on his body and legs by iron rod. It is alleged that the petitioner raised an alarm, and two patrolling police personnel came near the spot. It is alleged that upon seeing the police, the accused persons started running away, however, two accused persons namely Lalit and Amarjeet Singh were caught red handed at the spot.
3.
Mr. H.S Phoolka, learned Senior Counsel for the petitioner states that the accused persons have not been appearing before the learned Trial Court which has prolonged the trial. 4.
The bails were granted to the accused persons way back in the year 2019. The chargesheet has already been filed. It is not the case of the prosecution that any part of investigation is still pending or that their custody is required at this stage. 5.
However, considering that the trial has prolonged, this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Court is of the opinion that further conditions ought to be imposed.
6.
In view of the above, the accused persons are directed to appear before the learned Trial Court on every date of hearing and no unwarranted adjournments shall be taken. 7.
Respondent No.2 in CRL. M.C. 5249/2019, Respondent No. 2 in CRL. M.C. 5250/2019, and Respondent No. 2 in CRL. M.C. 5252/2019 are directed to provide their mobile numbers to the concerned Investigating Officer, and they shall keep their mobile phones active, and switched on at all times. 8.
Respondent No.2 in CRL. M.C. 5249/2019, Respondent No. 2 in CRL. M.C. 5250/2019, and Respondent No. 2 in CRL. M.C. 5252/2019 are also directed to provide to the concerned Investigating Officer their residential addresses where they are residing and shall not change their addresses without informing the concerned IO.
9.
The State as well as the complainant are at liberty to file an application before the learned Trial Court seeking cancellation of bail in case the accused persons are found violating any of the conditions as imposed by the learned Trial Court or by this Court by the present order.
10.
The present petitions are disposed of in the aforesaid terms.
11.
A copy of the order be placed in all the matters. AMIT MAHAJAN, J SEPTEMBER 26, 2024 'Aman'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.