Anwar Qureshi @ Haji Anwar v. State(NCT Of Delhi)
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3316/2024 ANWAR QURESHI @ HAJI ANWAR .....Petitioner Through:
Mr. K. K. Manan, Sr. Adv. with Mr.
Udit Bali, Mr. Lavish, Mr. Ritik, Mr.Karmanya Singh, Ms. S. Sethi, Advs versus STATE(NCT OF DELHI) .....Respondent Through:
Mr. Mukesh Kumar, APP for the State with Inspector Ashish Sharma, PS ER-I/Crime Branch
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R
% 09.10.2024
1. The present bail application has been filed under Section 483 BNSS on behalf of the petitioner seeking grant of regular bail in case FIR No. 3072/2024 under Section 379 IPC registered at PS Amar Colony, Delhi. Subsequently, the charge-sheet was filed under Sections 379/411/465/467/468/471/482/120-B/34 IPC.
2. Learned senior counsel for the petitioner submits that the present petitioner was arrested on 22.04.2024 and since then he is in custody. Learned senior counsel submits that the co-accused persons have already been admitted to bail. It has further been submitted that the trial may take a long time. It has also been submitted that there are no other criminal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
antecedents against the petitioner.
3. Learned APP for the State has vehemently opposed the bail application. It has been submitted that in fact the role of the present petitioner is entirely different from the co-accused persons. Learned APP submits that he was running a syndicate of persons wherein after changing the identity of the stolen cars, he used to sell the cars to CAR DEKHO and Cars24 company. Learned APP submits that he had opened various bank accounts under various names. It has also been submitted that the petitioner has been found with various Aadhar cards and Pan cards, details which shows that he was running a full-fledged operation.
4. The criteria for grant of bail in heinous offences are very well settled. The consideration to be taken into account while grant of regular bail are the nature and gravity of the respondent's accusations and the antecedents of the applicant, possibility of the Applicant to flee from justice, the possibility of threatening and intimidating the witnesses and other circumstances. However, it is a settled rule that the Court at the stage of the bail cannot hold mini trials and has to only see the prima facie case as produced by the prosecution.
5. As per nominal roll dated 26.09.2024, present petitioner is of 42 years of age and in custody since 22.04.2024. The trial may take a long time. The detention during the course of trial cannot be taken as a punitive detention. As per the nominal roll, there is another case bearing FIR no. 07585/2022 on which the petitioner is on bail.
6. In the peculiar facts and circumstances, the petitioner is admitted to regular bail upon furnishing a personal bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the concerned learned trial The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
court, subject to the verification of address and providing his mobile number(s) and subject to the following further conditions: a) the petitioner shall regularly appear before the Court as and when the trial is proceeded;
b) the petitioner shall not directly or indirectly make any inducement, threat, intimidate or tamper with any person acquainted with the facts of the case;
c) the petitioner shall remain available on the address, to be given to the IO and shall not leave the country without the permission of the learned Trial Court;
d) the petitioner shall further remains available on the mobile number provided;
e) In case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.
7. With the above directions, the application is disposed of.
8. A copy of this order be sent to concerned Jail Superintendent for information and necessary compliance.
DINESH KUMAR SHARMA, J OCTOBER 9, 2024 JN/KR..
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.