BAIL APPLN./2670/2024 of AJEET KUMAR Vs STATE OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 2670/2024 AJEET KUMAR .....Petitioner AJEET KUMAR .....Petitioner

Through: Mr. Piyush Sharma, Advs. Mr. Piyush Sharma, Advs. versus

Mr. Sunil Prakash Pandey and

STATE OF NCT OF DELHI .....Respondent

Through: Mr. Aman Usman, APP for State with SI Awadhesh Narayan, PS: Rajinder Nagar. SI Awadhesh Narayan, PS: Rajinder Nagar.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTAO R R% 31.07.2024

CRL.M.A. 22308/2024

Exemption allowed, subject to just exceptions.

Application stands disposed of.

BAIL APPLN. 2670/2024

1.An application under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for grant of regular bail in FIR No. 0331/2021, under Sections 302/392 IPC, registered at PS: Rajinder Nagar. Chargesheet has been filed under Sections 302/392/449/ 452/411/34/120B IPC.

2.Issue notice. Learned APP for the State appears on advance notice and accepts notice.

3.Learned APP for the State points out that an earlier BAIL APPLN.

4301/2023 preferred on behalf of the petitioner was dismissed by this Court vide order dated 12.02.2024 and the aforesaid fact has been suppressed in present bail application. Placing reliance upon Kusha Duruka v. The State of Odisha, [2024] 1 S.C.R. 604, it is urged that present application is to be dismissed on that score alone.

4.Learned counsel for petitioner submits that dismissal of earlier application has been inadvertently left out.

5.Considering the fact that there is suppression of dismissal of an earlier application by this Court and since there is no change of circumstances after the dismissal of earlier application, the application is dismissed. Pending applications, if any, also stand disposed of.

Considering the fact that there is suppression of dismissal of an earlier

JULY 31, 2024/ R

ANOOP KUMAR MENDIRATTA, J.