CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.360 OF 2022 (Arising out of SLP (Crl.) No.11390 of 2019)
ABHISHEK KUMAR Appellant
STATE OF DELHI Respondent
This appeal challenges the judgment and order dated
11.10.2019 passed by the High Court of Delhi at New Delhi in
Bail Application No.1913 of 2019.
Apprehending arrest in connection with crime registered
pursuant to First Information Report No.300/2019 dated
21.05.2019 lodged with Police Station New Ashok Nagar,
District East Delhi, for the offences punishable under
Sections 376/328/506/313 IPC, the appellant preferred an
application for anticipatory bail in terms of Section 438 of
the Code of Criminal Procedure, 1973. The application having
been rejected by the High Court, the present appeal has been
preferred.
Mukesh Nasa
action be taken against the appellant. The appellant has
enjoyed said relief for the last more than two years.
We have heard learned counsel for the parties.
Considering the entirety of the situation, in our view,
the appellant is entitled to the relief of anticipatory bail.
We, therefore, allow this appeal, set-aside the order
passed by the High Court, and direct as under:
a) In case the appellant is arrested in connection
with the aforesaid crime, the Arresting Officer
shall release the appellant on bail subject to
his furnishing cash security in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with two
like sureties.
b) The appellant shall extend complete co-operation in
the ensuing investigation and in order to facilitate
the investigation, the appellant shall present
himself before the Investigating Officer as and when
his presence is requisitioned by the Investigating
Officer.
With these observations, the appeal is allowed.
New Delhi, March 07, 2022.
Special Leave Petition (Crl.) No.11390 of 2019
ABHISHEK KUMAR Appellant(s)
STATE OF DELHI Respondent(s)
(IA No.191967/2019 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.191965/2019 – FOR EXEMPTION FROM FILING O.T.)
Date : 07-03-2022 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT
For Appellant(s) Mr. Lokesh Kumar Mishra, Adv.
Mr. Anurag, AOR
For Respondent(s) Mr. K.M. Nataraj, ASG Mr. Gurmeet singh Makker, Adv.
Mr. Shailesh Madiyal, Adv.
Mr. Vinayak Sharma, Adv.
Mr. Raghvendra S. Srivatsa, Adv.
UPON hearing the counsel the Court made the following
The appeal is allowed, in terms of the Signed order placed on
the file.
Pending applications, if any, also stand disposed of.