Brij Mohan v. State Govt of NCT of Delhi

O R D E R %

14.11.2024

¶1This is an application filed under section 438 read with section 482 Code of Criminal Procedure, 1973 seeking grant of anticipatory bail in the event of arrest of the petitioner/applicant in F.I.R No. 197/2023, registered at PS Crime Branch, under sections 21/25/29 NDPS Act on the ground that the petitioner is not named in the FIR and no direct role is attributed to the petitioner.

¶2It is stated that the petitioner has only been implicated in the FIR because a complaint of extortion was made against police officials of P.S. Special Staff on 09.08.2023 on the basis of which some police officials have been suspended by the competent authority.

¶3It is further stated that the petitioner has been only named in the disclosure statement of the other co-accused, namely Mr. Daya Shankar.

¶4The petitioner was granted interim protection on 04.01.2024 by this Court and pursuant to the said protection, the petitioner has joined the investigation and cooperated with the same. This is a digitally signed order. 5. The investigation is complete and chargesheet qua the other co-accused has already been filed. There is no requirement of the custodial interrogation of the petitioner.

¶6For the reasons noted above, the application/petition is allowed and the petitioner shall be released on bail in the event of arrest in FIR No. 197/2023, registered at PS Crime Branch, under sections 21/25/29 NDPS Act subject to the following terms and conditions: i. The petitioner shall furnish a personal bond and surety bond in the sum of Rs. 10,000/- each, to the satisfaction of the concerned Investigating officer (IO); ii. The petitioner shall provide his mobile number to the IO concerned, which shall be kept in working condition at all times. The petitioner shall not switch off, or change the same without prior intimation to the IO concerned; iii. The petitioner will furnish his permanent address to the IO and in case he changes his address, he will inform the IO concerned; iv. The petitioner shall not leave the country without permission of the concerned Court and if the petitioner has a passport, he shall surrender the same to the IO; v. The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in pending cases, if any.

¶7The present petition is allowed and disposed of in the aforesaid terms. NOVEMBER 14, 2024/sp JASMEET SINGH, J This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 28/2024 BRIJ MOHAN .....Petitioner Through: Mr. Akshay Bhandari, Mr. Dinesh Kumar Sharma, Mr. Anmol Sachdeva, Mr. Atul, Mr. Kushal Kumar, Ms. Mesha Saroa, Mr. Janak Raj Anubavat, Advs. versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Aashneet Singh, APP SI Vishan Kumar, ANTF, PS Crime Branch CORAM: HON'BLE MR. JUSTICE JASMEET SINGH