BAIL APPLN./579/2025 of MD. KHURSHID ANSARI Vs THE STATE NCT OF DELHI

Court: Delhi High Court
Decision date: 2025-02-11
Bench: CHAUHAN
Case number: 500 of 2023

Parties

> picture [34 x 34] intentionally omitted <== (PETITIONER)
THE STATE NCT OF DELHI (RESPONDENT)

Cites (1)

BAIL APPLN./1697/2020 of SHAHJADA IRFAN Vs THE STATE NCT OF DELHI (2020)

Statutes cited (3)

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*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 579/2025MD. KHURSHID ANSARI

.....PetitionerThrough:Mr. Suraj Prakash, Mr. Sahil Sharma,Adv.

versus

THE STATE NCT OF DELHI

.....Respondent

Through:Mr. Yudhvir Singh Chauhan, APPSI Deepak Kumar, PS Jahangir Puri

CORAM:HON'BLE MR. JUSTICE JASMEET SINGHO R R11.02.2025

1.This is petition filed under section 482 of BNSS seeking grant ofanticipatory bail to the petitioner in the event of arrest in FIR No. 500/2023,dated 22.06.023, registered at PS Jahangir Puri under Sections 75/79 of theJJ Act, sections 3/14 of the Child Labour Act, sections 16/17/18 of theBonded Labour Act and section 370 of IPC, 1860.

2.Mr. Chauhan, learned APP states that in the present case, NBWs havebeen issued against the petitioner by the Court of the concernedMetropolitan Magistrate. Further, the proceedings under section 82 of Codeof Criminal Procedure, 1973 proceedings have also been initiated against thepetitioner. Hence, the petitioner is not entitled to the grant of anticipatorybail.

3.On my query, Mr. Chauhan, learned APP very fairly states that no

notice under Section 41A of Code of Criminal Procedure, 1973 has beenserved on the petitioner in writing.

4.I am of the view that the NBWs issued against the petitioner withoutissuing notice under Section 41Aof Code of Criminal Procedure, 1973may be procedural irregularity.However, the petitioner will have toapproach the concerned Court seeking cancellation of the NBWs issuedagainst him as well as the proceedings initiated against him under section 82of the Code of Criminal Procedure, 1973.

5.For the said reasons, period of 2 weeks is granted to the petitioner todo the needful.

6.In the meantime, the petitioner shall not be arrested for period of 2weeks from today inFIR No. 500/2023, dated 22.06.023, registered at PSJahangir Puri under Sections 75/79 of the JJ Act, sections 3/14 of the ChildLabour Act, sections 16/17/18 of the Bonded Labour Act and section 370 ofIPC, 1860.

7.With these directions, the present petition is disposed of.

FEBRUARY 11, 2025 / (MS)

JASMEET SINGH, J

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