Rajesh Breja v. The State NCT Of Delhi
$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3530/2023 RAJESH BREJA .....Petitioner Through:
Mr. Sunil K. Mittal, Adv. (VC), Mr.
Anhsul Mittal, Ms. Khushi Aggarwal, Mr. Sarthak Tagra, Advs.
versus THE STATE NCT OF DELHI .....Respondent Through:
Mr. Pradeep Gahalat, APP for State with SI Rahul, PS Paschim Vihar East (Crime Branch) Mr. Siddharth Agarwal and Mr.
Jayant Mehta, Sr. Advs., with Mr.
Samar Kachwaha, Mr.
Rahul Kripalani, Ms. Rea Bhalla, Mr.
Agnish Aditya, Ms. Supraja V. Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R
% 24.10.2024 CRL.M.A. 31559/2024 in BAIL APPLN. 3530/2023
1. The present application has been filed under Section 538 of BNSS, 2023 with the following prayer:
"1. Allow the present application and grant protection from arrest to the Applicant in the present case for a period of 30 days or such other reasonable period, where after the Applicant undertakes to surrender himself before the Ld. Trial Court in respect of FIR in question as per law; and
2. Pass such other or further order(s) in the matter as may be deemed to be fit and just in the interest of justice." 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 04/11/2024 at 11:00:10
2. Issue notice.
3. Learned APP for the State has accepted the notice.
4. Mr. Rahul Kripalani, has accepted the notice.
5. Learned APP has opposed the bail application on the ground that once an application for anticipatory bail is rejected, there is no jurisdiction with the Court to grant protection from arrest to the applicant for a period of 30 days or other reasons.
6. Mr. Siddharth Agarwal and Mr. Jayant Mehta, learned senior counsels have also opposed the bail application on the ground that the application itself is not maintainable.
7. However, without going into the rival contention of the parties and taking into account the health conditions as has been stated in the application which is accompanied with an affidavit of the petitioner, the present application is disposed of with the directions to the petitioner to surrender before the learned Trial Court on 15.11.2024. DINESH KUMAR SHARMA, J OCTOBER 24, 2024 JN/HT..
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 04/11/2024 at 11:00:10