Amravati Bhaskar vs State
2018 Latest Caselaw 6728 Del

$~5 & 6
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 13.11.2018

+      BAIL APPLN. 1952/2017
       AMRAVATI BHASKAR                                 ..... Petitioner

                           versus

       STATE                                            ..... Respondent

+      BAIL APPLN. 2431/2017
       SATISH BHASKAR                                   ..... Petitioner

                           versus

       STATE                                            ..... Respondent


Advocates who appeared in this case:

For the Petitioner :                Mr.Santosh Singh Bagga, Adv.

For the Respondent :                Ms.Hirein Sharma, Addl. PP for the State
                                    with SI Mohd.Imteyaz Alam, P.S.Shahbad
                                    Dairy.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

13.11.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek anticipatory bail in FIR No.493/2017, under

Section 323/354/365/506/509 IPC, Police Station Shahbad Dairy.

2. Allegations in the FIR are that the complainant was sitting in her house on the stairs when the accused petitioners are alleged to have come and assaulted her and misbehaved with her.

3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated as the subject FIR is a counter blast to the complaint made by the husband of petitioner Amravati Bhaskar and the father of petitioner Satish Bhaskar against the family of the complainant for having beaten children of the locality. Learned counsel further submits that the incident of beating children was also captured in the CCTV camera and has been made available to the IO.

4. By orders dated 26.09.2017 in Bail Appln.1952/2017 and dated 11.02.2017 in Bail Appln.2431/2017, petitioners were granted interim protection subject to joining investigation.

5. Learned APP under instructions submits that Petitioners did join investigation and the investigation is complete and chargesheet is in the process of being finalised for filing. Status report has been filed. Same is taken on record.

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

7. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioners on bail, on petitioners furnishing a bail bond in the sum of Rs. 15,000/- each with one surety each of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioners shall not do anything that may prejudice either the investigation or the prosecution witnesses.

8. Petitions are disposed of in the above terms.

9. Order Dasti under signatures of the Court Master

SANJEEV SACHDEVA, J NOVEMBER 13, 2018 rk