Delhi High Court
Shahzad Ali vs The State Of Delhi on 19 November, 2019
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19.11.2019
+ BAIL APPLN. 1285/2019
Shahzad Ali ..... Petitioner
Through: Mr. kalicharan, Advocate.
versus
THE STATE OF DELHI ..... Respondent
Through: Ms. Neelam Sharma,
APP for State alongwith ASI
Upender, P.S. 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 Shahzad Ali under
section 438 Cr.P.C. in FIR No. 0210/2019 u/s. 452/324/308/323/
427/34 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
implicated in the present FIR. It is submitted that on 22.04.2019,
when a quarrel had taken place in which real sons of the petitioner
BAIL APPLN. 1285/2019 Page 1
namely Sultan and Saif Ali and nephew Sarfaraz are alleged to be
involved but the petitioner was not present at the time of incident.
Petitioner is 72 years old man and is suffering from heart problem. It
is alleged by the complainant that the offence was committed at the
instance of the petitioner while the petitioner was not involved in
this incident. It is submitted that since the petitioner is not required
for any further investigation and all the injured persons already
stand discharged from the hospital and no weapon is to be recovered
from the petitioner, he be released on bail in the event of arrest. It is
further submitted that petitioner is ready to join the investigation as
and when required.
3. The application is opposed by the Ld. APP for the State on
the ground that the allegations against the petitioner are serious in
nature. He has actively participated in the commission of offence as
he alongwith his co-accuseds armed with iron rod, iron chain, knife
and bottle of glass had attacked the complainant while he was at the
house of his relative. Ld. APP has, therefore prayed for dismissal of
the bail application.
4. I have considered the rival submissions. The FIR No. 210/19
BAIL APPLN. 1285/2019 Page 2
u/s 452/324/308/323/527/34 IPC P.S. Nand Nagri was registered on
the complaint of one Sh. Babu Khan. He has alleged that accused
Salman, Sultan, Sarfaraz, Saif Ali and Shahzad Ali, had come with
Iron chain, Iron Rod, Knife, a glass bottle respectively in their hands
and forcefully entered into the premises of his relative with the
common intention to cause injury. He further alleged that the above
said assailants first damaged his car and thereafter they mercilessly
beat him, his nephew Asim and Sonu. Injured Asim, Sonu and
complainant Babu Khan were admitted in GTB Hospital.
5. It is submitted that petitioner Shahzad Ali is not cooperating
in the investigation. As per the recorded statements of injured and
eye-witnesses u/s 161 Cr.P.C., petitioner Shahzad Ali, himself had
incited his sons to attack the victim. It is submitted that petitioner
Shahzad Ali is also found to be involved in the following cases of
PS Nand Nagri:-
1) FIR No. 126/94 U/S 324/34 IPC
2) FIR NO. 275/99 U/S 448/380/34 IPC
3) FIR NO. 143/01 U/S 379 IPC & 39/40 Electricity Act
4) FIR NO. 309/12 U/S 323/341/34 IPC
5) FIR NO. 120/13 U/S 323/326/324/34 IPC
6) FIR NO. 141/13 U/S 323/341/376/506/34 IPC.
BAIL APPLN. 1285/2019 Page 3
10. In view of the above facts appearing on record and keeping in
mind the nature of offence, no grounds for anticipatory bail are
made out. The anticipatory bail application is, therefore, dismissed.
BRIJESH SETHI, J
NOVEMBER 19, 2019
Amit
BAIL APPLN. 1285/2019 Page 4
