Published on: October 14, 2023 at 14:25 IST
Court: High Court of Delhi
Citation: Sanjeev Jain V. State (2023)
Honourable High Court of Delhi has held that the Police cannot make bald averments in the Status Report to the Bail Application that the Accused is not cooperating. It is held that the Police has to provide exact details of the Non – Cooperation as to what particular detail has not been provided by the Accused and What exactly is required from the Accused which can only be achieved by the custodial investigation.
9. It is not denied by the prosecution that the petitioner has joined the investigation as and when called by the IO. The transaction pertains to the year 2019 and the present FIR was registered in the year 2022. Moreover, it was stated by the Ld. APP that the petitioner has not co-operated in the investigation but it appears to be a bald averment as nothing has been stated in the status report as to in what manner the petitioner has not co-operated in the investigation. Rather, the petitioner has been joining the investigation during the period he was protected by the Ld. Sessions Court.
Drafted By Abhijit Mishra