Mukesh v. State (Govt Of NCT Of Delhi)

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2499/2016 MUKESH ..... Petitioner Through Mr.Pradeep Rana, Adv.

versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through Mr.Ashish Dutta, APP with SI Pinqi Rana, PS New Ashok Nagar.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 06.12.2016 Crl.M.A. 19017/2016 (Exemption) Application is allowed subject to just exceptions. Bail Appln. 2499/2016 The present application has been filed for the grant of interim bail in FIR No.430/2016, under Sections 376/377/323/342/34 IPC and Section 6 of POCSO Act, Police Station New Ashok Nagar. Undisputed facts of the present case are that the petitioner was arrested on 27.07.2016 and as per the present bail application, no regular bail application was filed before the Court of Session or before this Court. During the course of arguments, counsel for the petitioner disclosed that the regular bail application has already been dismissed by the Court of Session on 05.10.2016 and against the same the petitioner has not approached this Court for the grant of bail and thereafter the interim bail application was moved before the Court of Session, the date of which the present counsel did not know and

ultimately it was dismissed on 26.11.2016.

The fact that regular bail has already been dismissed by the Court of Session and the applicant has not preferred to seek regular bail from this Court. In the facts and circumstances, this Court does not find any ground to entertain the present application for the grant of interim bail. The application is accordingly dismissed. However, the petitioner would be at liberty to move the application for the grant of regular bail before this Court. P.S.TEJI, J DECEMBER 06, 2016 dd