Section 41 CrPC

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Anticipatory bail allowed

Anticipatory bail allowed by the  Hon’ble High Court of Delhi in  BAIL APPLN. 3853/2023 in the matter titled “MEHRAN ANJUM MIR   versus  STATE GOVT.OF NCT OF DELHI “ decided on  20.12.2023 , the  bail appliclation has been filed  under Section 438 Cr.P.C for grant of anticipatory bail . The bail application was allowed keeping in view that nothing is to be recovered from the petitioner  relying upon the judgment  Navdeep Singh @ Gaurav Vs. State of NCT of Delhi 2021 LAWPACK (Del) 83208 : 2021(279) DLT 706

Due Consideration to right to privacy

Reliance upon the judgment of  Sanjay Pandey Versus Directorate of Enforcement 2022 LAWPACK (Del) 90331 : 2023(1) AD (Delhi) 53 was appreciated considering that  recording calls without consent is a breach of privacy and  further right to privacy has been enshrined under Article 21 of the Constitution which basically demands without consent of parties such acts are a breach of privacy and right to privacy.

Keeping in view all the circumstances the bail application was allowed keeping in view the facts and circumstances of the  case and also the fact that nothing is to be recovered from the petitioner.

  • The petitioner shall not indulge in any criminal activity during the bail period;
  • The petitioner shall not communicate with, or come into contact with any of the prosecution witnesses, or any member of the victim’s family, or tamper with the evidence of the case;
  • The petitioner shall join the investigation as and when called by the Investigating officer

Conclusion

Anticipatory bail applications are allowed subject to certain conditions which are enumerated above on the last paragraph. For furthur information kindly click here or you may call at 9870447941

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