Ganeshwar Singh Yadav v. State

SHAKUN ANAND 31.01.2019 13:14 $~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 135/2019 and Crl. M.A. 1179/2019 GANGESHWAR SINGH YADAV ..... Petitioner Through: Mr. Vinay Kumar and Mr. Rajesh Yadav, Advocates versus STATE (NCT OF DELHI) ..... Respondent Through: Mr. Amit Ahlawat, APP with SI Rinku

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 21.01.2019 Status report filed.

It appears that the petitioner's daughter Jyoti was engaged to marry Amit, the first informant of case (FIR no.641/2018) being the sister of the said Amit. It appears Jyoti and Amit had some dispute between them and Amit allegedly had accosted her when she was at the place of her aunt in Najafgarh.

It appears that the information about this having reached the petitioner, he had gone to the said locality, he eventually reaching the house of the first informant (of FIR no.641/2018) sometime in the evening of 10.12.2018. A quarrel took place in or around the said house and this has become subject matter of not only FIR 641/2018 in which accusations are levelled against the petitioner and his son Kuldeep Yadav, but also cross FIR

no.597/2018, both of police station Ranhola, the other FIR involving offences punishable under Sections 323, 341, 506, 34 IPC, Sections 354, 354B IPC having been added later. The petitioner is the first informant of cross FIR (597/2018), the MLC in his respect showing he having suffered certain injuries which appear to be simple in nature.

The allegations of assault with intent to outrage the modesty of the first informant in FIR 641/2018 are against Kuldeep Yadav, son of the petitioner.

In this FIR, there is no explanation for the injuries suffered by the petitioner.

Having regard to the facts and circumstances a case for release of the applicant on anticipatory bail is made out. Thus, it is directed that in the event of the petitioner being arrested, he shall be released on bail by the arresting officer on furnishing personal bond in the sum of Rs.10,000/- with one surety in the like amount subject to the following further conditions:- (i) The petitioner shall continue cooperating with the investigation and join the same as and when called upon to do so; (ii) The petitioner shall not come in contact with or try to influence any of the witnesses connected to the case;

(iii) Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer; and (iv) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

This order will inure only till the date of first appearance of the petitioner in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against him by the court of cognizance.

The petition stands disposed of in above terms. Dasti under the signatures of the Court Master. R.K.GAUBA, J JANUARY 21, 2019 yg