Mohd Kareem v. State Govt Of Delhi

$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2829/2024 & CRL.M.A. 23750/2024 MOHD KAREEM .....Petitioner Through:

Ms. Inderjeet Singh Sidhu, Adv.

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

Ms. Manjeet Arya, APP with SI Nagendra Singh, P.S. Mahendra Park.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 12.08.2024 CRL.M.A. 23749/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

BAIL APPLN. 2829/2024 & CRL.M.A. 23750/2024 1.

An application under Section 482 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of petitioner for grant of anticipatory bail in FIR No. 182/2024, under Sections 323/341/354/34 IPC, registered at P.S.: Mahendra Park. Sections 307/148/149/506 IPC were subsequently invoked. Also, an application under Section 528 BNSS has been preferred on behalf of petitioner for interim protection against arrest till disposal of the application. 2.

Issue notice. Learned APP for the State appears on advance notice and accepts notice.

3.

Learned counsel for petitioner submits that vide order dated BAIL APPLN. 2829/2024 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 20/08/2024 at 12:48:04

27.06.2024 interim protection was granted to the petitioner by learned ASJ, subject to joining the investigation. However, vide order dated 04.07.2024 the application for anticipatory bail was dismissed, despite petitioner having joined the investigation. She further submits that petitioner has duly joined the investigation and co-accused similarly placed have been granted anticipatory bail by this Court vide order dated 12.08.2024 in BAIL APPLN. 2818/2024 and connected applications.

4.

Leaned APP for the State opposes the application but fairly admits that the name of the petitioner only appeared in supplementary statement recorded under Section 164 Cr.P.C.

5.

Vide order dated 12.08.2024 in BAIL APPLN. 2818/2024 and connected applications co-accused have been admitted to anticipatory bail. Considering the facts and circumstances, since the case of petitioner is stated to be at parity with co-accused and has been named only in statement under Section 164 Cr.P.C., in the event of arrest, petitioner be admitted to bail on furnishing a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety in the like amount to the satisfaction of the IO / SHO, PS concerned subject to his joining investigation. Application is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J AUGUST 12, 2024/R BAIL APPLN. 2829/2024 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 20/08/2024 at 12:48:04