SAURABH vs STATE OF NCT OF DELHI AND ANR

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09.04.2025 + BAIL APPLN. 1424/2025 & CRL.M.A. 11108/2025 (exemption) SAURABH .....Petitioner Through: Mr. Arjun Malik, Advocate. versus STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Himanshu Kumar Dubey, PS Amar Colony. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks anticipatory bail in case eFIR No.80028170/2025 of PS Amar Colony for offence under Section 305, BNS. The allegation against the accused/applicant is that he stole mobile phone of the complainant de facto. According to prosecution, from an App installed in the mobile phone, presence of the phone was found in the carry away food joint being run by mother of the accused/applicant. Further, it appears from paragraph 12 of the FIR that the only information registered was theft of the mobile phone and that the detailed statement was to be recorded by the Investigating Officer at a later stage. 2. Learned prosecutor, accompanied with Investigating Officer, in all BAIL APPLN. 1424/2025 Page 1 of 2 pages Digitally signed by GIRISH GIRISH KATHPALIA KATHPALIA Date: 2025.04.09 18:01:26 -07'00' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:09.04.2025 18:46:59 fairness does not raise any serious objection to grant of anticipatory bail. 3. On behalf of accused/applicant, it is contended that he is a young law student, living with his mother, who is running a carry away food joint. Further, the said App installed in mobile phone does not reflect the exact position of the phone, but only the tower concerned. 4. Considering the above circumstances, the application is allowed and it is directed that in the event of his arrest, the accused/applic