Counsel for v. STATE OF NCT OF DELHI

Through: Mr. Yudhvir Singh Chauhan, APP for the State with S/V Manjeet Kaur and SI Sushil Kr and ASI Ramesh Babu, PS Jaitpur. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA % O R D E R 28.03.2025 CRL.M.A.9507/2025 (Exemption)

2. Exemption allowed, subject to all just exceptions. The Application stands disposed of. BAIL APPLN. 1224/2025

3. First Anticipatory Bail Petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of the Petitioner, Manjeet Kaur, in Case FIR No. 283/2024 under Section 186/353/332 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) or Section 221/127(3)/118(1)/3(5) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘B.N.S.’) This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/03/2025 at 14:41:01 registered at Police Station Jaitpur.

4. It is submitted in the Application that the Applicant is married and is staying in a matrimonial home at Uttrakhand. However, she is presently residing at her parental home due to medical issues. She had no concern with the aforesaid case and was not involved in the incident as she was not present at the relevant time.

5. It is further submitted that FIR bearing No. 270/2024 was registered against Sarbjeet Kaur and her husband against whom NBWs have been issued, for the execution of which the Police had visited the parental house of the Applicant. The family members raised objection to the execution of the NBWs and the Police Officials registered the present FIR bearing No. 283/2024 under Section 186/353/332 of IPC or Section 221/127(3)/118(1)/3(5) of B.N.S. at Police Station Jaitpur, against Sarbjeet Kaur and others.

6. It is submitted that other co-accused have already been admitted to Bail. The interim protection was granted to the Applicant, who joined the investigations twice. However, subsequently her Anticipatory Bail Application has been dismissed by the learned ASJ, without any reasons.

7. It is further submitted that the allegations made in the FIR against the Applicant, are without any basis. The Notice under Section 41A of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) dated

10.11.2024 was given directing the Applicant, to appear before the Investigating Officer on 11.11.2024 and she joined the investigations on that day.

8. Subsequently, the Applicant moved Anticipatory Bail Application dated 12.11.2024 but it was dismissed on 15.01.2025. The Investigating This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/03/2025 at 14:41:01 Officer has been acting against the Applicant with ill motive despite her having joined the investigations two months earlier.

9. The Applicant also appeared before the learned Sessions Judge during the hearing of Anticipatory Bail Application and gave replies to several questions that were put to her and also stated that she was not present at the spot at the time of incident. The Police Officer has implicated the Applicant only on the basis of the video in which her face is not clearly visible. It is submitted that she has clean antecedents and is willing to abide by any terms of granting Bail.

10. Learned APP on behalf of the State, on instructions, submits that the Applicant along with three ladies and other family members, had tried to obstruct the Police Officers, who had visited the house for the purpose of execution of NBWs. The Applicant even bit at the arm of the one of the Police Official. Thereafter, though she had joined the investigations once, but thereafter, has failed to appear before the Investigating Officer, consequent to which even the NBWs were issued against her. Thereafter, proceedings under Section 82 of Cr.P.C., have been initiated. She has not been co-operating in the investigations and thus, the Bail Application is opposed.

11. Submissions heard and the record perused.

12. Essentially, the allegations against the Applicant are that she along with her co-accused persons, obstructed the Police Officials in execution of NBWs issued against her family members. All the other co-accused have been granted Anticipatory Bail.

13. Considering the nature of the allegations and also that the Applicant is a woman, it is directed that in the event of her arrest, the Petitioner shall be This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/03/2025 at 14:41:01 admitted to Anticipatory Bail by the Investigating Officer/Arresting Officer, subject to the following conditions:- (i) The Petitioner shall furnish a personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the Investigating Officer/Arresting Officer. (ii) The Petitioner shall join the investigations, as and when called the Investigating Officer and shall co-operate during investigations. (iii) The Petitioner shall furnish her cellphone number to the Investigating Officer on which she may be contacted at any time and shall ensure that the number is kept active and switched-on at all times. (iv) The Petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. (v) The Petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.

14. The Petition stands disposed of in the above terms. Pending Application, if any, also stands disposed of.

15. Copy of the Order be sent to the learned Trial Court for compliance. MARCH 28, 2025/RS NEENA BANSAL KRISHNA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/03/2025 at 14:41:01 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/03/2025 at 14:41:01