Delhi High Court
Mohd Anas vs State ( Govt Nct Of Delhi) on 19 May, 2022
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order pronounced on:19.05.2022
+ BAIL APPLN. 3475/2021
MOHD ANAS ..... Petitioner
Through: Mr. Maroof Ahmad, Mr. M.K. Khan,
Mr. Aman Mirza and Mr. C.B. Kumar,
Advocates.
versus
STATE ( GOVT NCT OF DELHI) ..... Respondent
Through: Mr. Ravi Nayak, APP for State with SI
Nishant, PS Welcome.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
TALWANT SINGH, J.:
1. The petitioner has moved this anticipatory bail application in FIR No.
0455/2021 dated 28.08.2021 under Section 308/323/509/34 IPC, registered at
PS Welcome District, North East Delhi.
2. It has been submitted that the petitioner and his family members are
innocent persons. The cousin brother of the petitioner, namely Asad got
married with the daughter of Mohd. Shakir, from the complainant side on
24.03.2012 and no dowry was exchanged at the time of the marriage and two
children have been born of the said wedlock.
3. The family of the petitioner and the complainant are relatives of each
other. The wife of the cousin brother of the petitioner started harassing her
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husband and some matrimonial disputes arose between them. A meeting of
the relatives was called at DESU Park, Jafrabad, Delhi, to work out the
settlement. During the course of conversation, the quarrel started and father-
in-law of the cousin brother of the petitioner took away his daughter without
the consent of her husband. Complaints were filed by both the sides against
each other at PS Welcome, Delhi. Efforts for settlement were made but were
of no use.
4. On 02.04.2021, some persons from the complainant side came to the
house of the cousin brother of the petitioner with intention to kill him and
opened fire with illegal country made pistols. Somehow, the cousin brother of
the petitioner was able to save his life. The attackers made a false PCR call
and tried to implicate the cousin brother of the petitioner, who also made a
PCR call and FIR No. 0186/2021 dated 03.04.2021 under Section 336 IPC
and 27 of Arms Act was registered.
5. One of the accused, Astakeem was arrested, however, no other person
has been arrested till date in the said FIR. The cousin brother of the petitioner
sent a complaint dated 07.04.2021 to the higher authorities for taking action
against attackers under relevant provision of law. The accused Astakeem in
the said FIR was later on released on bail.
6. It has been further submitted that on 28.08.2021, at about 11:30 P.M.,
when the petitioner was going to his home, one Jumma and his son Faizan
started abusing and beating the petitioner. Few other persons joined them and
all of them started beating the petitioner with kicks and fists. Faizan attacked
the petitioner with sharp object, causing injury on his nose and when the
petitioner regained his consciousness, he found himself outside his house; the
police was called and he was admitted to a hospital.
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Signing Date:24.05.2022
11:24:01
7. The petitioner filed a complaint dated 28.08.2021 to the SHO against
the above culprits and requested for taking action. An FIR bearing No.
0456/2021 dated 28.08.2021 under Section 324/34 IPC in respect of the said
incident was registered. The said attackers have not been arrested till date and
they are forcing the petitioner to withdraw the said FIR.
8. On the other hand, the said attackers from the complainant side have
got registered a false and frivolous FIR bearing No. 0455/2021 dated
28.08.2021 under Section 308/323/509/34 IPC as a counter blast to the said
FIR launched on the complaint of the present applicant. In the said complaint,
Faizan has alleged that he and his family members were allegedly beaten up
by the petitioner and his family members on 28.08.2021. In fact, it was Faizan
and his family members who had attacked the petitioner on 28.08.2021.
9. On 04.09.2021, the Police along with Rapid Action Force came to the
house of the petitioner to illegally and unlawfully arrest the petitioner and his
family members. The petitioner filed bail application seeking anticipatory bail
before the District Courts, which came up for hearing on 15.09.2021. The said
application was dismissed by the learned ASJ. Hence, the present bail
application has been filed.
10. It has been submitted that the IO is illegally and unlawfully trying to
arrest the petitioner and his family members without complying with Section
41A Cr.P.C. The custodial investigation is not necessary; there is an
apprehension in the mind of the petitioner that he can be arrested by the Police
at any time; the antecedents of the petitioner and his family members are clean
and the petitioner is ready to abide by all the terms and conditions to be
imposed by this Court.
11. Notice was issued. Status Report, as well as a Further Status Report
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were filed.
11.1 As per the said reports, a PCR call was received on 28.08.2021, on
which SI Amit along with staff reached at the spot and the injured Faizan,
Shama Begam and Zeeshan were found at the spot, who were sent to Jag
Parvesh Chandra Hospital for treatment. Their MLCs were collected. The
statement of the complainant was recorded and the case was registered.
12 During investigation, stones were seized from the place of the incident
at the instance of the complainant. DVR of the CCTV cameras installed
outside the home of the complainant were also taken into Police possession.
The CCTV Footage shows that the present applicant/accused was carrying a
cane in his hand and he was seen coming at the entry gate of the home of the
complainant, hitting the victim and his family members with the said cane and
the other accused persons can be seen following him with canes and stones in
their hands. All the accused persons can be seen pelting stones and beating
the victims with the help of canes. In the incident, Anas also suffered injuries,
and therefore, a cross-FIR was registered.
13. The present applicant had joined the investigation on 20.10.2021 after
getting interim protection from the Court. During interrogation, accused
persons accepted their involvement in the case but the present accused as well
as other accused disclosed that they had no weapon of offence at the time of
the incident except accused Rahbar, who stated that he had one steel rod.
Accused Rahbar also disclosed that accused Monu had one belt, accused Anas
had one cane, accused Altamas had nothing, accused Nazim had one cane but
none of the accused got recovered the weapon of offence during the course of
interrogation.
14. In the CCTV Footage, it can be seen that accused Anas had one cane in
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his hand and the accused persons can be seen throwing stones on the
complainant party. The accused persons were called upon to join the
investigation on 20.01.2022, but none of them joined the investigation on the
ground that all were out of Delhi. The present applicant joined the
investigation on 19.02.2022 along with few of the accused. They did not
cooperate in the recovery of the weapons and did not come out with true facts
of the incident with the accused persons. They were again directed to join
investigation on 22.02.2022 but none of them joined the investigation on the
said date, and thereafter, they have not joined the investigation so far despite
various notices.
15. The bail application of the accused Anas is opposed on the following
grounds:
(i) In the FIR and in the statement u/s 161 Cr.P.C of the victim there are
direct allegations against the accused person.
(ii) The crime is heinous in nature and the nature of injuries inflicted by the
accused is severe.
(iii) Accused person can be seen in the CCTV footage giving beatings to
the victim and other family members.
(iv) The investigation of the case is at the initial stage, if granted Bail the
accused may influence the victim/witnesses.
(v) If granted bail the accused, co-accused persons may seek parity on the
grounds which may hamper the investigation of the case.
(vi) The weapon of offense used in the crime is yet to be recovered from
the accused persons.
(vii) The act of the accused shows that they have no regard for the law.
16. The MLCs of Shama Begam and Faizan have been also enclosed,
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which shows that the nature of injuries are 'simple'. The CCTV Footage has
been also filed on record and it has been pointed out that the accused is the
person, who was having a cane in his hand.
17. I have heard the arguments.
18. The interim protection was granted to the present petitioner vide order
dated 20.09.2021, which was subject to joining the investigation as and when
directed by the Investigating Officer and the said order was further extended
vide order dated 24.02.2022 and accused were again called upon to join the
investigation on 20.02.2022 but none of them joined the investigation till date.
The accused persons are also stated to be not cooperating in the investigation.
19. In the case of the present petitioner, the weapon of offence, i.e., the
cane is yet to be recovered.
20. Keeping in view the fact that the present petitioner has not joined the
investigation when called upon by the IO; he has not cooperated in the
investigation; in the photographs of the incident, he is seen holding a cane in
his hand and the said cane, the weapon of offence, is yet to be recovered and
for the said purpose, custodial interrogation of the present petitioner is
required, so I am not inclined to grant anticipatory bail to the present
applicant.
21. The application for anticipatory bail is accordingly dismissed.
TALWANT SINGH, J
MAY 19, 2022
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Signed By:HARIOM
Signing Date:24.05.2022
11:24:01
