Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. RAJINDER SINGH
ASJ-06, NDD, PATIALA HOUSE COURTS, NEW DELHI
Bail Application No. 1860/2022
FIR No. 25/2022
PS : Cyber New Delhi
Under Section : 420/34 IPC
State Vs. Bipin Kumar
19.10.2022
Present: Sh. Bharat Bhushan, Ld. Counsel for the applicant / accused.
Sh. S. K. Kain, Ld. Addl. PP for the State.
ASI Bishwajeet from PS Cyber New Delhi on behalf of the IO.
This is the second bail application filed on behalf of the applicant /
accused.
Status report filed. Copy supplied.
The IO is stated to have gone for conducting raid in some other
case.
Ld. Counsel for the applicant / accused submits that no notice under
Section 41-A Cr.P.C was given to th accused prior to his arrest. This is in
violation of Judgment “Arnesh Kumar Vs. State of Bihar & Anr.” Crl.
Appeal No. 1277/2014 (SLP) (Crl. No. 9127/2013).
Ld. Counsel for the applicant / accused is requested to clarify
whether the said violation / non-compliance would make the arrest of the
accused in the present case, illegal. Whether such non-compliance would have
any consequences for considering the bail application of th4e accused.
It is replied that the consequences for non-compliance are not
mentioned in the afore-noted judgment.
Put up on 29.10.2022 for further proceedings.
(RAJINDER SINGH)
ASJ-06/NDD/PHC/NEW DELHI
19.10.2022
(M)
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