MR KANON EVARAD @ JEKEW vs STATE OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 21 March 2025 Judgment pronounced on: 28 March 2025 + BAIL APPLN. 3157/2024 MR KANON EVARAD @ JEKEW .....Petitioner Through: Mr. Lakshay Yadav, Mr. Gaurav Sharma, Mr. Shrikant, Mr. Gaurav,Mr. Ankit Sharma, Mr. Amit Yadavand Mr. Takshay Gupta, Advocates versus STATE OF NCT OF DELHI. .....Respondent Through: Mr. Aman Usman, APP for the State with SI Pankaj Paushar, EOW. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is a bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 [“BNSS”], filed on behalf of the applicant/accused Kanon Evarad @ Kanon for the grant of regular bail in case FIR No. 33/2023, PS EOW, Mandir Marg, under Section 419/420/467/468/471/120-B/201 of the Indian Penal Code, 1860 and Section 66 read with Section 43/55 (C) & 66 (D) of the Information & Technology Act. Signature Not Verified Digitally Signed Bail Appln. 3157/2024 Page 1 of 7 By:SUNITA KUMARI Signing Date:28.03.2025 18:42:56 2. Learned counsel for the applicant/accused submits that the applicant was apprehended and arrested from Greater Noida. However, the Investigating Officer [“IO”]neither informed the concerned Police Station of Greater Noida nor made any entry to this effect at the concerned Police Station of Greater Noida. The alleged search and seizure at the applicant’s residence was not as per Section 100 of the Code of Criminal Procedure. No document has been placed on record to indicate that the alleged house from which the recovery has been affected, belongs to the applicant. IO has denied the accused of his right to consult his lawyer before he was taken out of the State. IO failed to adhere to the mandatory procedural requirement of Article 22 of the Constitu