Mohd. Abid v. State (NCT of Delhi)

Delhi High Court · 06 Jan 2015 · 2016:DHC:8371
Pratibha Rani; Sunita Gupta
BAIL APPLN. 2547/2014
2016:DHC:8371
criminal petition_dismissed

AI Summary

The Delhi High Court refused bail to accused in a gang rape case due to non-production of the prosecutrix and directed authorities to trace her for recording evidence before considering bail.

Full Text
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Case No Year
Date Of Decision Case Type Decided By bail APPLN._2547_2014 J
: 2547 : 2014 : 27/01/2016 : BAIL APPLICATION
: Hon'able Mr/Mrs Justice SUNITA GUPTA Petitioner/PiaintiffName ; SHAKEEL
Respondent/Defendant Name : STATE (NCT OF DELHI)
Petitioner/Pjaintiffs Adv : KAMESHWAR MISHRA Respondent/Defendent'Adv : NEELAM SHARMA &ANOTHER
Print Date Company Name 01-03-2017 DATASOFT COMPUTER SERVICES
2016:DHC:8371 H.C.D.0.A.-2 HIGH COURT OF DELHI
INDEX SHEET
CAUSE TITLE
NAME OF THE
PARTIES A].
,VERSUS.OF 200 PART A & B SI No.
DESCRIPTION OF DOCUMENTS AMOUNT OF COURT FEE PAID
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'liice arsntGe have $-58 & 60 t HIGH COURT OF DELHI
BAIL APPLN. 2543/2014
MOHD ABID Petitioner
Through : Mr.Kameshwar Mishra, Adv.
VERSUS
STATE (NOT OF DELHI) Respondent
Through : Mr.Neeraj Kumar Singh, APP forthe State.
AND
BAIL APPLN. 2547/2014
SHAKEEL Petitioner
Through : Mr.Kameshwar Mishra, Adv.
VERSUS
STATE (NOT OF DELHI) Respondent
Through : Mr.Neeraj Kumar Singh, APP for the State.
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
24.11.2014 These two applications have been filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. by the Petitioners namely Mohd.Abid and
Shakeel seeking bail in case FIR No.42/2013 under Sections
279/365/376(G)/34 IPC and under Section 3 of Prevention of Damage to
Public Property Act, 1984.
Notice. Learned APP accepts notice on behalf of the State and seeks
4-J f time to file the status report.
Requestallowed.
List on 15"' December, 2014. Status report be filed by the State before that date.
NOVEMBER 24,2014 'pratibhaMNL J Vf\- t MOHD ABID Petitioner
Through : Mr. Kameshwar Mishra, Advocate
VERSUS
STATE (NCT OF DELHI) Respondent
Through : Mr. Neeraj Kumar Singh, APP for the
State AND SHAKEEL Petitioner
Through : Mr. Kameshwar Mishra, Advocate
VERSUS
STATE (NCT OFDELHI) Respondent
Through : Mr. Neeraj Kumar Singh, APP for the
State
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
15.12.2014 These two applications have been filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. by the Petitioners namely Mohd.Abid and
Shakeel seeking bail in case FIR No.42/2013 under Sections
279/365/376(G)/34 IPC and under Section 3 of Prevention of Damage to
Public Property Act, 1984.
Status report has been filed by the State.
Learned counsel for the Petitioners is directed to file brief written synopsis not exceeding 2-3 pages citing relevant case law, if any, before the next date.
Renotify on 6'^ January, 2015.
DECEMBER 15, l^UI'pg'ji
— S 'L|
RATIBHA
$-3 «&4 MOHD ABID
Through:
VERSUS
STATE (NOT OF DELHI)
Through:
BAIL APPLN. 2547/2014
SHAKEEL
Through:
VERSUS
Through:
Petitioner Mr Kamleshwer Mishra, Adv. Respondent
Mr O.P. Saxena, Additional Public Prosecutor for the State alongwith SI
Naveen Kumar Police Station Swaroop Nagar Mr Kamleshwer Mishra, Adv.
Mr O.P. Saxena, Additional Public Prosecutor for the State alongwith SI
Naveen Kumar Police Station Swaroop Nagar
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
06.01.2015 It is submitted by Mr O.P. Saxena, Additional Public Prosecutor for the State that the matter is at the stage of recording evidence and is listed before the Trial Court on
19.02.2015 for the said purpose and efforts to trace the prosecutrix are going on.
It is impressed upon the Investigating Officer to trace the prosecutrix and produce her before the Trial Court on the date fixed so that her statement can be recorded.
Relist these applications on 02.03.2015.
JANUARY 06, 2015 iunri- SUNITA GUPTA, J $-9 to 11
MOHD ARID
Through; Mr Kameshwer Mishra, Adv.
VERSUS
Through: Mr O.P. Saxena, Additional Public Prosecutor for the State alongwith SI Naresh
Kumar nad WSI Shashi Lalta SHAICEEL
Through: Mr Kameshwer Mishra, Adv.
VERSUS
Prosecutor for the State alongwith SI Naresh
BAIL APPLN. 79/2015
LAJPAT RAI
Through: Mr Murari Tiwari and Mr Rahul Kumar, Advs.
VERSUS
STATE NOT OF DELHI
Prosecutorfor the State alongwithSI Naresh
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
02.03.2015 It is submitted by learned Additional Public Prosecutor for the State that despite serious efforts made by the Investigating Officer the prosecutrix is not traceable. One more opportunity is sought by learned Additional Public Prosecutor for the State for the purpose.
Let prosecutrix be served through concerned DCP and she be produced before the
Trial Court for recording her evidence.
It is submitted that the matter before the Trial Court is listed on 31.03.2015.
As such, relist these matters on 06.04.2015.
MARCH 02,20\51rd r . 1 ^ ^ ^ Jitr7r^ SUNITA GUPTA, J
!>- X- Disposed of HIGH COURT OF DELHI 111IJUUKl UF JUPEl.lll A1 INEW m,Lm . j
. /CrI Dated:
(^1-^ C. v/^\^ y^)2^' The Registrar General, ^ n-) ) ^ ^ ^ ^
Delhi High Court, S>^1 C^LXK.j-~ NewDelhi, ^ ^ ^ ^T, Vo.
J>^\
•2 - ^H-%. j51' ^ ^
No F rom [0 BAIL APPLICATION NO.
ORDER

4 P^t^tion, under Section P8/439/482 of Code of CrI. Procedure for grant of ie^ular bailin case relatingtoPTRNo. ^ p-o undersection j[3] IPC, rejiistered at Police Station ^ 5 2) ^ Petitioner cj i VERSUS P state •....Respondent- Sir, "" 1am directed to forward herewith immediate compliance/necessaiT action a copy oforder cfr —=-20l4passed in the above mentioned petition by Plon'ble M-r^ Justice (/I ^ of this Court. The Ilon'ble Court while disposing of the case has directed that -3-q