AAKASH KASHYAP v. THE STATE NCT OF DELHI
Court: High Court of Delhi
Bench: HON'BLE MR. JUSTICE ANISH DAYAL
Judgment date:
Case summary
High Court of Delhi judgment dated 2024-12-23. AAKASH KASHYAP v. THE STATE NCT OF DELHI. Read the judgment and case details on LawSphereX.
Judgment text
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4734/2024 CRL. M. A. 38697/2024 CRL. M. A. 38698/2024 AAKASH KASHYAP ..... Petitioner Through: Mr. Nikhil Saxena and Mr. Lakshay Chauhan, Advocates. versus THE STATE NCT OF DELHI ..... Respondent Through: Mr. Aman Usman, APP for State with SI H. R. Choudhary, PS: Gandhi Nagar. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 23. 12. 2024 CRL. M. A. 38697/2024 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. CRL. M. A. 38698/2024 (Exemption) 3. Allowed, subject to all just exceptions. 4. Application stands disposed of. BAIL APPLN. -4734/2024 1. This petition has been filed seeking anticipatory bail in FIR No. 103/2018 under Sections 308/323/452/34 IPC registered at P. S Gandhi Nagar. th 2. The said FIR was logged on 18 April 2018. Petitioner was granted bail st by order of the Trial court dated 21 May 2018. According to the petitioner, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:51:24 he has been appearing before the Trial Court since then. th 3. However, on 29 August 2022, an externment order was passed for two years. On that ground, he could not appear before the Trial Court till August 2024. 4. Thereafter, NBWs were issued against him, and he has been declared a proclaimed person. 5. Petitioner had moved for anticipatory bail, which was dismissed by the th Trial Court on 26 November 2024, on the ground that bail having been granted, and he being declared a proclaimed person, he could not move an application seeking anticipatory bail. 6. A perusal of the Trial Court order reveals that the petitioner remained th absent on 09 December 2023, and NBW was issued against him, but it was th received back unexecuted on 08 February 2024.
Thereafter, a fresh NBW th was issued, which was again received back unexecuted on 16 March 2024. th 7. Hence, vide order dated 16 March 2024, a proclamation under Section th 82 Cr. P. C. was issued. As petitioner did not appear on 14 October 2024, therefore, he was declared a proclaimed person. 8. It is evident from the dates mentioned in the dismissal order of the Trial Court that the NBWs were issued during the time when his externment was th still in the force i. e. on or before 29 August 2022. 9. Counsel for petitioner states that it was beyond his control not to appear before the Trial Court. 10. APP for State has raised an objection on the issue of maintainability, and states that he could have been appeared post-August 2024, before being declared a proclaimed person. 11. In view of the above facts and circumstances, petitioner is at liberty to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:51:24 approach the Trial Court for cancellation of the proceedings declaring him a proclaimed offender. The Trial Court will consider the application in accordance with law. 12. Considering the facts and circumstances, petitioner may not be arrested, till petitioner moves the said application before the Trial Court. 13. This petition is disposed of with the above directions. 14. ‘dasti’ 15. Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 23, 2024/RK/tk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:51:24
Source: High Court of Delhi. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.