Mahesh Chand vs The State ( Gnct Of Delhi) & Ors.
2018 Latest Caselaw 6552 Del

$~10 & 11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                     Judgment delivered on:30.10.2018

+      BAIL APPLN. 1146/2018
       MAHESH CHAND                                        ..... Petitioner

                             versus

       THE STATE ( GNCT OF DELHI) & ORS ..... Respondents

+      BAIL APPLN. 1148/2018
       KAMALDEEP                                           ..... Petitioner

                             versus

       THE STATE ( GNCT OF DELHI) & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner :         Mr. Pankaj Tiwari with Mr. B.L. Sharma, Advocates.

For the Respondent    :      Ms. Meenakshi Dahiya, APP for the State
                             SI Ashish Kumar, PS Bhajanpura.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

30.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek anticipatory bail in FIR No.678/2017 under Sections 323/341/308/34 IPC, Police Station Bhajan Pura.

2. The allegations in the FIR are that the complainant along with his family were walking on the streets when the petitioners and the co-

BAIL APPLN. 1148/2018 accused are alleged to have started beating them, consequent to which, they sustained injuries. As per the medical report, nature of injuries sustained is simple.

3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated. He submits that the subject FIR is a cross-FIR to a complaint lodged by the petitioners on which also an FIR No.679/2017 under Sections 323/341/308/34 IPC, Police Station Bhajan Pura has been registered. He submits that an altercation took place on the spur of moment without any premeditation and both the parties sustained injuries.

4. Learned counsel for the petitioners further submits that the complainant in the subject FIR, who is also an accused in a complaint lodged by the petitioners, has already been admitted to the regular bail.

5. Petitioners were granted interim protection by order dated 18.05.2018 subject to joining investigation.

6. Learned APP for the State informs that the petitioner did join investigation and investigation is nearly complete and chargesheet is in the process of being finalised for filing.

7. 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 the petitioner has made out a case for

BAIL APPLN. 1148/2018 grant of anticipatory bail

8. 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. 10,000/- 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.

9. Petitions are disposed of in the above terms.

10. Order Dasti under signatures of the Court Master

OCTOBER 30, 2018 SANJEEV SACHDEVA, J st

BAIL APPLN. 1148/2018