Delhi High Court
Mr. Rahis Ahmed @ Rahish vs State on 6 December, 2019
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.12.2019
+ BAIL APPLN. 547/2019
Rahis Ahmed @ Rahish ..... Petitioner
Through: Mr.Arun Kumar Sharma,
Shankar Singh and Vaibhav
Sharma, Advocates
versus
THE STATE OF DELHI ..... Respondent
Through: Mr G.M.Farooqui,
APP for State alongwith
ASI. Upendra, PS Nand
Nagri.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (ORAL)
1. Vide this order, I shall dispose of an anticipatory bail
application filed on behalf of the petitioner Rahis Ahmed @ Rahish
under section 438 Cr.P.C. r/w. section 482 CrPC in FIR No. 183/18
u/s. 323/308/34 IPC, P.S. Nand Nagri.
2. Ld. Counsel for the petitioner has prayed for anticipatory bail
on the ground that petitioner is innocent and has been falsely
Bail Appl. no. 547/2019 Page no.1 of 4
implicated in the present FIR. The FIR has been registered on
forged, false and fabricated facts. It is submitted that co-accused
Saeeda and Shakeela have already been granted bail on 14.08.2018.
The other three accused namely Salim Ahmed, Shahnawaz and
Yusuf Ali have also been granted bail by Ld. ASJ, Shahdara, Delhi.
Complainant Jamil and his accomplices i.e. Bahul, Aadil, Jafar,
Taslim in connivance with V.K. Sharma, SHO Nand Nagri has
grabbed government's land being number N-436-A, Sundar nagri
and have raised a building thereupon. When the neighbours and
other local residents including the petitioner and his family members
had opposed the same, a false and fabricated complaint has been
registered against them. It is next submitted that as per MLC, the
inquiry sustained by the victim is simple in nature but the police has
registered a case u/s. 308 IPC intentionally to harass the petitioner
and his family members. The petitioner is ready to join the
investigation as and when required and in these circumstances, it is
prayed that petitioner be released on anticipatory bail.
3. The anticipatory bail is opposed by the Ld. APP for the State
on the ground that the allegations against the petitioner are serious
Bail Appl. no. 547/2019 Page no.2 of 4
in nature. Petitioner is not joining the investigation. The
investigation is still in progress and at initial stage. The petitioner is
not cooperating with the investigating officer. Custodial
interrogation of the petitioner is required. He has, therefore prayed
for dismissal of the bail application.
4. I have considered the rival submissions. Perusal of the FIR
reveals that complainant Mohd Jameel has given a statement that he
along with one mistri Tasleem had come at plot No. 436-A, Sundar
Nagri for construction on 26.02.2018. In the meantime two women
had started pelting stones upon them from the roof of H. No. 433.
Thereafter one Yusuf and Rahees i.e. petitioner had come out from
their house holding Danda in their hands and started quarrelling.
Yusuf and petitioner Rahees started hitting them with Danda and in
the meantime, two boys namely Saleem and Shahnawaj also joined
them. Petitioner Rahees hit Tasleem with danda and Tasleem started
bleeding from the head. Efforts were made to nab the petitioner
Rahees but he is evading arrest. NBWs has been issued against him
on 27.11.2018.
5. In view of the above facts appearing on record and further
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keeping in mind the fact that case is at the initial stage of
investigation and the petitioner is not joining the investigation and
his custodial interrogation is required, no grounds for anticipatory
bail are made out. The anticipatory bail application is, therefore,
dismissed.
BRIJESH SETHI, J
DECEMBER 06, 2019
Amit
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