CGST North vs. Kapil Arora
Facts
The petitioner, CGST North, filed a petition under Section 483(3) of the BNSS before the Delhi High Court. The petition sought to cancel the bail granted to the respondent, Kapil Arora, by an order dated 27.11.2024 passed by Dr. Hardeep Kaur, ASJ-02, New Delhi PHC, in bail application no. 1743/2024. The petitioner contended that the respondent was not complying with the conditions of the bail order, specifically by not cooperating with the investigation. Further facts had also surfaced indicating a violation of the bail order. The respondent was not represented by counsel during the hearing.
Held
The Court noted the submission by the learned counsel for the petitioner that the respondent was not complying with the conditions of the bail order and was not cooperating with the investigation. It was also submitted that certain other facts had surfaced demonstrating a violation of the bail order. In light of these submissions, the Court disposed of the present petition. The Court granted liberty to the petitioner to move an application seeking cancellation of bail before the concerned Court in accordance with law. The Court did not make any finding on the merits of the alleged non-compliance or violation of the bail conditions. The operative direction was to allow the petitioner to pursue the remedy of bail cancellation before the appropriate forum.
Key Issues
1. Whether the bail granted to the respondent, Kapil Arora, by the Additional Sessions Judge on 27.11.2024 in bail application no. 1743/2024 should be cancelled on the grounds of non-compliance with bail conditions and non-cooperation with the investigation. Petitioner's Argument: The petitioner argued that the respondent was violating the conditions of the bail order by failing to cooperate with the investigation. Additional facts had also emerged that demonstrated this violation. Therefore, the bail granted should be cancelled, and the respondent should be taken into custody. Respondent's Argument: None. The respondent was not represented by counsel and did not present any arguments.
Sections Cited
Section 483(3)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R %
2025
This hearing has been done through hybrid mode. CRL.M.A. 2262/2025 (Exemption)
Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 470/2025
The present petition under Section 483(3) of the BNSS seeks the following prayers: “(i) Allow the present petition and cancel/quash/set aside the order dated 27.11.2024 Dr. hardeep kaur, roster judge ASJ-02, New Delhi PHC, in case no. bail Application no. 1743/2024 CGST VS KAPIL ARORA granting bail to the Respondent and direct the respondent to be forthwith taken into custody; and (ii) Pass such other order (s) as may be deemed fit and appropriate in the interests of justice.”
During the course of the hearing, the learned counsel appearing on behalf of the petitioner submits that the respondent is not compl
The judgment continues below.
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