Delhi High Court
Mukhtiar Ansari vs State on 5 February, 2020
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 05.02.2020
+ BAIL APPLN. 2077/2019
Mukhtiar Ansari ..... Petitioner
Through: Mr. Satish Kumar, Advocate
along with petitioner in
person.
versus
THE STATE OF DELHI ..... Respondent
Through: Mr. Tarang Srivastava, APP
for State alongwith SI Rohit
Kumar, PS Wazirabad.
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 Mukhtiar Ansari under
section 438 Cr.P.C. in FIR No. 200/2019 u/s. 452/323/34 IPC, P.S.
Wazirabad.
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.
Bail Appl. no. 2077/2019 Page no.1 of 7
3. It is submitted that the present FIR bearing no. 0200/2019,
was lodged on the complaint of one Sh Mujibul Haque S/o Sh.
Nizammuddin, under section 452/323/34 IPC. The complainant has
alleged that the petitioner had entered into their house at first floor
and hit and injured his daughter with scissor and he was also injured
by the petitioner.
4. It is submitted that the petitioner is the brother-in-law of the
complainant. He is the owner and in possession of a built up double
storey house bearing no.339 Gali no 13, Shivkunj Burari, Delhi. The
property was purchased and built up by the father of petitioner late
Sh. Amruddin and petitioner is residing at ground floor in the said
house.
5. It is submitted that on 21.07.2019 at about 10 A.M. the
petitioner was asleep in his room in the said property. The
complainant, however, conspired against the petitioner and came to
him armed with weapons. The wife of the complainant, namely
Rubaida Khatoon was wielding a pipe, the complainant was having
a knife and her daughter, namely Shajda was also having a knife.
One Munir Ansari had a lathi. The complainant and his family
Bail Appl. no. 2077/2019 Page no.2 of 7
members dragged the petitioner out of his room. They attacked the
petitioner with knives. The wife of the complainant tried to stab the
petitioner, who saved himself by his right hand, consequently he
received knife injuries in his right hand and his left hand finger. The
wife of the complainant caused knife injuries on his temple. Munir
gave a lathi blow on his head with the intention to kill him. The
daughter of the complainant was having a knife and she tried to stab
the petitioner due to which he had fallen down and became
unconscious. The wife of the complainant had given several blows
with the pipe. The complainant along with his family members had
also tried to put him in their car bearing registration no.
DL3CBL6407 for taking him to some unknown place in order to kill
him.
6. It is submitted that hearing the commotion, the neighbourers
reached at the spot and saved the petitioner. Seeing the
neighbourers, the complainant and his family members went away.
7. It is submitted that the sister-in-law of the petitioner got him
admitted in the Trauma Centre, where he was medically examined.
The doctors of the Trauma Centre gave him medical aid. After
Bail Appl. no. 2077/2019 Page no.3 of 7
regaining the consciousness, the petitioner called the PCR but
neither the police from PCR nor the local police came on the spot.
The petitioner went to the police station, Wazirabad and requested
the police officer to register an FIR against the complainant and his
family members, who were already present there and on their
instance the police refused to record FIR against them. Instead the
police official registered the present FIR against the petitioner.
8. The petitioner preferred an anticipatory bail application which
was dismissed by Ld. ASJ-2 (Central), Tis Hazari Courts, Delhi vide
order dated 29.07.2019.
9. It is submitted that the Ld. Judge failed to appreciate that the
police official did not take any legal action against the complainant
and his family members despite the fact that they had tried to kill
him and he was also under medical treatment in the Trauma Centre.
It is submitted that the petitioner is ready to join the investigation as
and when required and in these circumstances, it is prayed that he be
released on anticipatory bail in the event of his arrest.
10. 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. 2077/2019 Page no.4 of 7
in nature. Petitioner is not joining the investigation. The
investigation is still in progress and at initial stage. The petitioner is
not co-operating with the investigating officer. Custodial
interrogation of the petitioner is required for the recovery of alleged
scissor. He has, therefore prayed for dismissal of the bail
application.
11. I have considered the rival submissions. Perusal of the record
reveals that on 21.07.2019, an information vide DD No. 30A
regarding quarrel was received at PS Wazirabad. During inquiry,
two MLCs bearing No. 9151/19 of Mujibul Haque and bearing no.
9152/19 of Ms. Sajda Rubil respectively were received from
Trauma Centre, Civil Line, Delhi mentioning therein alleged history
of assault by Scissor and nature of injury 'U/O Blunt'. Thereafter,
present FIR was registered on the statement of Mujibul Haque. In
his statement, complainant Mujibul Haque has stated that his wife
Rubaiga Khatoon had purchased the house in question bearing
H.No. 339, Gali No. 13, Shiv Kunj, Shani Bazar Road, Jharoda,
Burari, Delhi from her father. The complainant along with his
family resides at the first floor of the said property and the petitioner
Bail Appl. no. 2077/2019 Page no.5 of 7
Mukhtiar Ansari has possession of two rooms on the ground floor of
the said property. On 21.07.2019, petitioner Mukhtiar Ansari had
tried to raise construction/renovation in the area in his possession.
However, Rubaida Khatoon and her daughter Sajda Rubil had come
downstairs and stopped present petitioner from doing any
construction/renovation work. Petitioner and his nephew Abhivakas
abused both of them and also started quarreling. After that
complainant (Mujibul Haque) came at the spot and he along with his
wife and daughter went back to the first floor of the property. It is
alleged that thereafter petitioner came up to the first floor and
attacked Sajda Rubil and Mujibul Haque with scissor and ran away
after injuring both of them. The injury inflicted by the petitioner has
disfigured the face of the complainant.
12. In view of the above facts appearing on record and also
keeping in mind the fact that petitioner has caused injuries to
complainant Mujibul Haque and his daughter Sajda Rubil with the
help of scissor and this injury has disfigured the face of the
complainant Mujibul Haque and weapon of offence is yet to be
recovered, no grounds for anticipatory bail are made out. The
Bail Appl. no. 2077/2019 Page no.6 of 7
anticipatory bail application is, therefore, dismissed.
BRIJESH SETHI, J
FEBRUARY 05, 2020
Amit
Bail Appl. no. 2077/2019 Page no.7 of 7
