GURMIT SINGH vs STATE GOVT OF NCT OF DELHI & ANR.

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 08.01.2025 + CRL.M.C. 5176/2024 GURMIT SINGH .....Petitioner Through: Mr. Tushar Mahajan, Mr. Sharan Mehta, Mr. Bhavaan Mahajan and Mr. Tanmay Surana, Advs. versus STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Aman Usman, APP for State with SI Vandana, PS. Moti Nagar. Mr. Indraj Singh and Mr. Kamal Singh, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J. (ORAL) 1. The present petition has been filed by the petitioner under Section 482 CrPC read with Section 439(2) CrPC seeking cancellation of anticipatory bail granted to the respondent no.2 vide impugned order dated 12.07.2023. 2. The learned counsel for the petitioner has impugned the order granting bail to the respondent no.2 on two counts. Firstly, the petitioner/complainant was not put to notice before granting bail to the respondent no.2. Secondly, the gravity of the offence was not considered. 3. In support of his contention, the learned counsel places reliance on the decision of the Hon’ble Supreme Court in Jagjeet Singh vs. Ashish Mishra alias Monu & Anr, (2022) 9 SCC 321. 4. On the other hand, the learned counsel for the respondent no.2/accused submits that the FIR was registered on 16.07.2017 whereas the chargesheet Signature Not Verified Digitally Signed By:NARENDRA SINGH CRL.M.C. 5176/2024 Page 1 of 4 ASWAL Signing Date:13.01.2025 18:23:20 came to be filed on 31.07.2021, without arresting the respondent no.2/accused in the present case. 5. He further invites attention of the Court to the order dated 08.07.2023 of the learned ASJ whereby anticipatory bail was granted to the co-accused Rashpal Singh, to contend that in the said order it has been recorded by the learned ASJ that the I.O has