Delhi High Court
Jishan vs The State (Nct Of Delhi) on 20 November, 2013
Author: Sunita Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
DATE OF DECISION: 20th NOVEMBER, 2013
+ BAIL APPLN. 1035/2013
JISHAN ..... Petitioner
Through Mr. Rakesh Bhalla, Advocate
versus
THE STATE (NCT OF DELHI) ..... Respondent
Through Ms. Aasha Tiwari, APP
Mr. S. Rajan, Advocate for R-2 along
with R-2/complainant in person
ASI Rajbir Singh, PS Nangloi
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
JUDGMENT
: SUNITA GUPTA, J.
1. This is an application filed by the petitioner u/s 438 Cr. P.C. for
grant of anticipatory bail in respect of FIR No. 141/2013 lodged by
Ms. Shama u/s 354A/452/506/323/34 IPC at PS Nangloi.
2. Learned counsel for the petitioner states that the complainant and
her family are next door neighbours of the petitioner, who is residing in
Camp No. 1, Nangloi, Delhi. The incident in question is stated to have
occurred on 6th May, 2013 when an altercation had taken place between
the family members of the complainant and the petitioner in respect of
a petty dispute resulting in lodging of the aforesaid FIR by the
complainant where she has levelled allegations against the petitioner to
the effect that he had hit her on the chest and assaulted her. It is stated
that the family members and relatives of the petitioner including one
uncle, three brothers and one minor sister have been granted
anticipatory bail by the Court below but the application for anticipatory
bail filed by the petitioner was rejected by the learned Additional
Sessions Judge vide order dated 28th May, 2013.
3. Vide order dated 5th July, 2013, the petitioner was granted
interim protection by ordering to release him on bail on furnishing a
personal bond in the sum of Rs.10,000/- with one local surety in the
like amount with the rider that he shall fully co-operate in the
investigation and will not create any hindrance or impediment during
the course of investigation. He will not approach the witnesses and
threaten the complainant and her family.
4. In the status report, submitted by the State, it is reported that in
the incident which took place on 6 th May, 2013, both the parties
sustained injuries besides the complainant party. During quarrel, the
petitioner Jishan and Wasim also sustained injuries and they were also
medically examined. After the petitioner was granted interim
protection by this Court, the matter was further investigated in the
neighbourhood and the locality. During the course of investigation, the
statements of ten local persons of the locality have been recorded.
Some of them alleged that incident had taken place inside the house of
the complainant whereas some alleged that the incident had taken place
outside the house and in the lane of the complainant and the accused
persons as both the parties are neighbours. The accused had appeared
twice to the Police Station to join investigation. On the basis of
complaint of the accused and on the basis of MLCs, DD Entry u/s
323/34 IPC was lodged. After the grant of bail, a complaint was
received from both the parties on 6th July, 2013 wherein they were
alleging that both sides are threatening each other. However, after
enquiry, nothing substantial was found on both the complaints. Charge
sheet of present case and of the cross-case has already been filed in the
Court of Metropolitan Magistrate.
5. Keeping in view the status report submitted by the State,
according to which the petitioner has joined the investigation, charge
sheet has already been submitted, co-accused have also been released
on bail, as such, the order dated 5th July, 2013 is confirmed.
6. However, keeping in view the fact that now the charge sheet has
been submitted before the learned Metropolitan Magistrate, the
petitioner will move appropriate application before the Court
concerned for grant of bail who will dispose of the same in accordance
with law.
7. The application stands disposed of.
8. Copy of this order be given dasti.
SUNITA GUPTA
(JUDGE)
NOVEMBER 20, 2013/rs
