Praveen & Anr. vs The State (Nct Of Delhi)
2018 Latest Caselaw 4269 Del

$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: 25.07.2018

+      BAIL APPLN.1278/2018
       PRAVEEN & ANR.                                ..... Petitioners

                          versus
       THE STATE (NCT OF DELHI)                      ..... Respondent
Advocates who appeared in this case:
For the Petitioners :       Mr.S.Nandakumar, Mr.M.S.Saran
                            Kumar, Mr.Sugam Kumar Jha and
                            Ms.Deepita Nanda Kumar, Advs.

For the Respondent:                Mr.Panna Lal Sharma, Addl. PP for
                                   the State with SI Megha Ram,
                                   P.S.Sangam Vihar.
                                   Mr.Vikas Singh and Mr.Dev Sejwal,
                                   Advs. for the complainant.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

25.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek regular bail in FIR No.206 of 2017 under Sections 326/452/34 of the IPC at Police Station Sangam Vihar.

2. Allegations in the FIR are that the complainant is related to the accused and there was some financial transactions between the parties.

The property of the complainant was mortgaged with a third party and the petitioners are alleged to have paid Rs.6.5 lakhs to the said party and obtained the property papers. On the date of the incident a quarrel took place at the house of the complainant wherein the accused are alleged to have come and assaulted them. The complainant and the other persons of her family sustained injuries with a sharp weapon.

3. Learned counsel for the petitioners submits that the subject FIR is a cross FIR to the FIR lodged by the petitioners being FIR No.207/2017 under Sections 323/341/34 of the IPC at Police Station Sangam Vihar. It is submitted that the quarrel took place when the petitioners demanded return of their money. It is alleged that the petitioners and the other family members also sustained injuries. It is further contended that in the FIR lodged by the petitioners the accused i.e. the complainant in the subject FIR and other co-accused have been granted bail. Further it is submitted that the injured in the subject FIR have also been discharged from the hospital and the opinion of the doctor in the MLC is that the nature of injury sustained is simple.

4. Nominal roll of the petitioners has been produced. As per the nominal roll, petitioners have already undergone 5 months and 18 days of incarceration as on 20.07.2018.

5. Without commenting on the merits of the case and keeping in view the facts and circumstances of the case, I am of the view that the petitioners have made out a case for grant of regular bail.

Accordingly, petitioners shall be released on bail on their furnishing bail bond in the sum of Rs.25,000/- each with the one surety of the like amount. Petitioners shall not do anything which may prejudice either the trial or the prosecution witnesses. Petitioners shall not make any endeavour to contact the complainant or their family members.

6. Order Dasti under the signature of the Court Master.

SANJEEV SACHDEVA, J JULY 25, 2018 rk