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High Court of DelhiBAIL APPLN./4837/2024

Mahay Talat v. State Of Uttar Pradesh

2025-01-09Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

$~4 to 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4742/2024 KASHIF ATHAR( ADVOCATE) .....Petitioner Through:

Mr. Sumit Gehlot, Mr. Nikhil Bhalla & Mr. Faraz Mirza, Advocates.

versus STATE OF UTTAR PRADESH .....Respondent Through:

Mr. Amol Sinha, ASC, Mr. Kshitiz Garg, Mr. Ashvini Kumar & Ms.

Sanskriti Nimbekar, Advocates.

Ms. Meenakashi Dahiya, APP for State.

+ BAIL APPLN. 4833/2024 SANA .....Petitioner Through:

Mr. Kashif Athar & Mr. Irfan Firdous, Advocates.

versus STATE OF UTTAR PRADESH .....Respondent Through:

Ms. Meenakashi Dahiya, APP for State.

+ BAIL APPLN. 4837/2024 MAHAY TALAT .....Petitioner Through:

Mr. Kashif Athar & Mr. Irfan Firdous, Advocates.

versus STATE OF UTTAR PRADESH .....Respondent Through:

Ms. Meenakashi Dahiya, APP for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 09.01.2025 CRL.M.(BAIL) 38/2025 in BAIL APPLN. 4742/2024 1.

The present Application under Section 482 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicant/Petitioner seeking extension of Transit Anticipatory Bail which was granted vide Order dated 20.12.2024 by three weeks i.e., till 09.1.2025. 2.

Learned counsel for the Applicant/Petitioner submits that though the Transit Anticipatory Bail was granted to the Applicant/Petitioner vide Order dated 20.12.2024 for a period of three weeks i.e., 09.01.2025 but for the next three days when the Courts were open, the Applicant/Petitioner was trying to get the similar Order for his mother, Smt. Mahay Talat and sister, Smt. Sana.

3.

It is further submitted that thereafter, the Courts were closed and had opened only on 03.01.2025 after which he had only one day i.e., 04.01.2025 to approach the concerned Court. The Applicant/Petitioner himself is a practicing Advocate of this Court and he has serious apprehension for his safety considering the trial being done in Ghaziabad, Uttar Pradesh as well as there is ongoing social media trial.

4.

It is further submitted that even though the protection had been granted by this Court vide Order dated 20.12.2024, the Ghaziabad Police wilfully ignored the said Protection Order and issued a Notice dated 25.12.2024 in several Newspapers and offered a reward of Rs. 25,000/- each on the Applicant/Petitioner, his mother and sister. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Therefore, the prayer is made that the Transit Anticipatory Bail granted by this Court vide Order dated 20.12.2024, may be extended by a period of three weeks till i.e., 30.01.2025.

6.

Learned counsel for the Applicant/Petitioner submits that under no circumstances, further extension shall be sought on behalf of the Applicant/Petitioner.

7.

Mr. Amol Sinha, learned Additional Standing Counsel, submits that the appropriate Orders may be passed.

8.

Ms. Meenakshi Dahiya, learned Additional Public Prosecutor appearing on behalf of the State, submits that necessary Order may be passed.

9.

Submissions heard.

10.

Considering that there was no effective time with the Applicant/Petitioner on account the vacations of the Court, to approach the Court of competent jurisdiction, the Transit Anticipatory Bail granted vide 20.12.2024 is hereby extended till 23.01.2025. 11.

Order dasti.

12.

Accordingly, the Application is disposed of.

BAIL APPLN. 4742/2024 BAIL APPLN. 4833/2024 BAIL APPLN. 4837/2024 13.

By way of present Bail Petitions, the Petitioners seek Anticipatory Bail in FIR No.

0548/2024 under Sections 318(4)/316(2)/123/69/108/89/61(2) of BNS and Sections 3/4 of Dowry Act, Section 115(2) of BNS, Sections 3/5(1) of UP.P.U.C.R. Act registered at Police Station Ghaziabad Kothwali, Uttar Pradesh. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

14.

Learned counsel for the Petitioners seeks permission to withdraw the present Petitions.

15.

In view of the submissions made, the present Petitions are dismissed as withdrawn.

NEENA BANSAL KRISHNA, J JANUARY 9, 2025 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.