Salahuddin vs State
2018 Latest Caselaw 5483 Del

$~15 & 16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 11.09.2018
+      BAIL APPLN. 1980/2018
       SALAHUDDIN                                      ..... Petitioner
                           versus

       STATE                                           ..... Respondent
                                    And

+      BAIL APPLN. 1983/2018
       AZAZ                                            ..... Petitioner
                           versus
       STATE                                           ..... Respondent

Advocates who appeared in this case:
For the Petitioners :     Mr.J.S. Arya, Advocate.

For the Respondent:        Ms. Neelam Sharma, APP for the State with SI
                           Vishwanath.
                           Mr.A.K.Dubey, Adv. for the complainant.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

11.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No.133/2018 under sections 354/324/34 IPC read with section 8 of the POCSO Act, Police Station Sadar Bazar.

2. The allegations in the FIR are that the complainant is a resident of the same house as the petitioners, they are related to each other and there was a property dispute, consequent to which the petitioners are alleged to have misbehaved with the prosecutrix and her mother and inflicted injuries on the mother with a sharp weapon.

3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated because of a property dispute.

4. He submits that the petitioners have been in custody since 20.07.2018.

5. As per the medical report, the nature of the injuries sustained by the mother of the prosecutrix is simple.

6. Without commentating on the merits of the case keeping in view the totality of facts and circumstances and the fact that the Petitioner Salahuhdin has two minor children and the petitioner Azaz has aged parents to support, I am of the view that the petitioners have made out a case for grant of regular bail. Accordingly, on the petitioners furnishing personal bond in the sum of Rs.25,000/- each with one surety each of the like amount to the satisfaction of the Trial Court, petitioners shall be released on bail, if not required in any other case. The petitioners shall not do anything, which may prejudice either the trial or the prosecution witnesses. The Petitioners shall not contact the victim or his family. Petitioners shall not leave the country

without the permission of the Court.

7. Keeping in view the fact that the prosecutrix and her mother reside in the same property as the petitioners, the SHO Sadar Bazar is directed to depute a beat officer to visit the prosecutrix once in a fortnight and also provide the contact number of a nodal officer, who can be contacted by them in case of any issue.

8. The bail applications are, accordingly, disposed of in the above terms.

9. Order Dasti under the signatures of the Court Master.

SEPTEMBER 11, 2018                        SANJEEV SACHDEVA, J
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