Arun Kumar v. State

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1315/2015 ARUN KUMAR ..... Petitioner Through Mr. Bharat Bhushan, Mr.Aditya Malik & Mr. Balvinder Nirwan, Advs.

versus STATE ..... Respondent Through Mr. Lovkesh Sawhney, APP.

SI Rajesh Kr.Bosh PS Dwarka.

SI Arun PS Gomti Nagar, Lucknow.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 09.07.2015 Heard both the parties.

The petitioner has aggrieved by the order dated 27.06.2015 passed by the learned ASJ, SFTC/Vacation Judge, Dwarka Courts, New Delhi, whereby his application for transit anticipatory bail has been rejected. The petitioner has been made accused in a case FIR No.213/2015 PS Gomti Nagar instituted for the offence under Sections 419/420/467/468/471/504/506 IPC.

From the perusal of the FIR, it appears that the petitioner is alleged to have received a huge amount of money from the complainant by way of demand draft for purchase of plot of land in Lucknow in the name of the complainant from the Residential Development Authority, Lucknow. However, the said amount was misused and the plot of land was ultimately allotted in the name of the petitioner.

Learned counsel for the petitioner submits that no offence of cheating

can be said to have been made out from the facts of the case. However, this Court is not inclined on the merits of the allegations and would only consider the desirability of giving the petitioner interim protection so that he can approach the Competent Court in the State of U.P. and seek the remedies available to him under law.

The arraignment in the FIR gives the address of the petitioner at Delhi.

Learned counsel for the petitioner submits that he apprehends that before he approaches the competent court, having jurisdiction in the matter, he might be arrested.

Considering this aspect of the matter, this Court is inclined to grant interim protection to him for a period of 15 days. Let no coercive steps be taken either by the Delhi police or by the U.P. police for 15 days from today, when, on or before that period, the petitioner would approach the appropriate court in the State of U.P. for the needful.

Needless to say that the petitioner would join investigation and in case he would require protection from arrest, it would be open for him to approach the jurisdiction of the competent court. The term of this order expires/terminates on the 15th day from today. Application is disposed of accordingly.

Copy of the order be given dasti under the signatures of the Court Master.

ASHUTOSH KUMAR, J JULY 09, 2015 ab