Kamal Hasan v. State NCT Of Delhi And ANR.

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3082/2025 & CRL.M.A. 13650/2025 KAMAL HASAN .....Petitioner Through:

versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Ritesh Kumar Bahri, APP for the State

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 05.05.2025 1.

The petitioner seeks cancellation of bail which was granted to Respondent No. 2 by order dated 31.01.2024. 2.

The petitioner had filed an application seeking cancellation of bail before the learned Trial Court which was dismissed by order dated 09.08.2024.

3.

The petitioner has approached this Court after an inordinate delay of more than six months.

4.

The petitioner had filed an application before the learned Trial Court stating that pursuant to the accused/ Respondent No. 2 being released on bail by order dated 31.01.2024, Respondent No. 2 had again threatened the petitioner.

5.

The learned Trial Court, considering the said aspect, had asked for a report from the concerned Investigating Officer. The said report filed by the Police authorities indicated that no police action was required.

6.

The learned Trial Court noted that as per the status report, the police had examined the CCTV footage where the accused/ Respondent No. 2 could be seen cleaning his car and talking to someone on his mobile phone and, in the meanwhile, the 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 08/05/2025 at 16:00:31 petitioner who was going on scooty had some arguments with the

accused.

7.

It was noted that as per the record, no such incident as complained by the petitioner had happened and, therefore, no cognizable offence was made out.

8.

The learned Trial Court had also noted that both the parties are living in the same area and there is also a property dispute between the parties and that they are filing complaints against each other.

9.

The preventive action under Sections 107/150 of the Code of Criminal Procedure, 1973 was also taken against both the parties and the parties were referred to SEM Court and the Kalandra was also issued.

10.

The learned Trial Court dismissed the application seeking cancellation of bail way back by order dated 09.08.2024. 11.

The petitioner has filed the present petition which though mentions the date as 11.12.2024 is now listed today for the first time.

12.

Prosecution has not alleged that the accused is evading the trial or has misused the liberty. The allegation of accused threatening the complainant after his release is found to be untrue. Liberty granted to the accused cannot be taken away in a routine manner after such a long period of time on the strength of false allegations.

13.

The application is without any merits and is, therefore, dismissed.

14.

The petitioner is at liberty to file appropriate complaint in case he feels threatened by the accused.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. AMIT MAHAJAN, J MAY 5, 2025/"SS"

The Order is downloaded from the DHC Server on 08/05/2025 at 16:00:31