Delhi High Court
Nathu Ram vs The State (Nct Of Delhi) on 24 December, 2008
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Bail Application No.2594/2008
% Date of Decision: 24.12.2008
Nathu Ram .... Petitioner
Through Mr.Prem Prakash, Advocate.
Versus
The State (NCT of Delhi) .... Respondent
Through Mr.Sanjay Lao, APP for the State along
with Sub-Inspector Inderjeet, P.S.Hauz
Khas.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J.
*
Issue notice to the State. Mr.Sanjay Lao, learned APP accepts
notice.
The counsel for the parties have been heard. The petitioner has
contended that he has clean antecedents and no complaint is pending
against him in any Court of law as well as in any police station. It is
further contended that the investigation of the present case is complete
and the petitioner is no more required and nothing incriminating is to
be recovered either from his possession or even at his instance.
It is further contended that at the time of incident he was not
present and he is resident of Shahpur Jat village where he has
ancestral properties. However, the family of the applicant is living at
Village Hiranki, New Delhi.
It is further contended that even according to the prosecution
case several persons had gathered at the time of incidents out of which
some of the persons were examined and their statements were recorded
under Section 161 of the Criminal Procedure Code who according to
petitioner have not implicated him in any manner with the incident of
assault. According to the learned counsel for the petitioner the name of
the petitioner was involved by the father of the injured as he is
constable in Delhi Police and there had been disputes earlier which,
however, had been settled even according to the allegations made in the
FIR.
Even according to the allegations made in the FIR the injured was
attacked by Billu with a stone and according to the allegations in the
FIR the petitioner along with two others had instigated him. The injured
was admitted to Jaiprakash Narain Trauma Centre and was discharged
on 14th November, 2008. The injured is also alleged to had been
admitted to Paryag Hospital and Research Centre, Noida and was
discharged from there on 23rd November, 2008.
It is also contended by the counsel for the petitioner that as per
the medical report conducted by the doctors of Safdarjung Hospital at
Trauma Centre the injured was under the influence of liquor on the
date of incident.
Considering the antecedents of the petitioner and the allegations
regarding the nature and gravity of accusations the petitioner is entitled
for grant of anticipatory bail. Therefore, in case of arrest, petitioner be
released on bail on furnishing a personal bond in the sum of
Rs.20,000/- with one surety of the like amount to the satisfaction of the
Arresting Officer. The petitioner shall take part in the investigation and
shall appear before the investigating officer as and when directed by
him. The petitioner shall not try to influence any of the witnesses in any
manner.
With these directions the petition is disposed of.
A copy of this order be given dasti under the signatures of the
Court Master.
December 24, 2008 ANIL KUMAR
'k' (Vacation Judge)
