High Court of DelhiBAIL APPLN./1266/2017

Manoj Kumar Mishra v. State (Govt Of NCT Of Delhi)

2017-07-06Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1266/2017 MANOJ KUMAR MISHRA ..... Petitioner Through:

Mr.S.K.Gandhi, Adv.

versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through:

Mr.Raghuvinder Varma, APP for State with SI Amit Dutt, PS-Lajpat Nagar Mr.Kuldeep Kumar, Adv. for complainant.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 06.07.2017 CRL.M.A.10423/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

BAIL APPLN. 1266/2017 This is an application under Section 438 Cr.P.C. filed on behalf of the petitioner for grant of anticipatory bail in case FIR No.206/2017, under Sections 420/406/34 IPC, registered at Police Station-Lajpat Nagar, New Delhi.

Learned counsel for the petitioner has submitted that the petitioner is an innocent person having no nexus with the FIR No.206/2017, under Sections 420/406/34 IPC, registered at Police Station-Lajpat Nagar, New Delhi. Learned counsel further submits that this is the second anticipatory

bail application and the earlier bail application filed before the Vacation Bench was withdrawn on 13.06.2017. He further submits that the petitioner is apprehending his arrest in the above case. He submits that the petitioner is ready to join investigation in this case and prays that the petitioner be granted anticipatory bail.

Learned APP for State has vehemently opposed the bail application and has submitted that the first anticipatory bail application filed on behalf of the petitioner has already been rejected by this Court and the said order has not been placed on record intentionally which amounts to concealment of facts. He has further submitted that the petitioner is not cooperating in the investigation despite repeated request. He has further submitted that the custodial interrogation of the petitioner is required to unearth the conspiracy hatched to cheat the complainant to the tune of Rs. 40 lakhs and prays that the petitioner be not granted anticipatory bail. In view of the submissions made by learned APP for State since the petitioner is required for custodial interrogation, the present application is dismissed.

The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti.

I.S.MEHTA, J JULY 06, 2017/sr