High Court of DelhiBAIL APPLN./488/2020

Jitender Gautam & ANR. v. State

2020-02-25Hon'Ble Ms. Justice Anu Malhotra2 pages

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 488/2020 JITENDER GAUTAM & ANR.

..... Petitioners Through:

Mr.

Kishan Singh Chauhan, Advocate.

versus STATE ..... Respondent Through:

Mr. Ashok Kumar Garg, APP for State with ASI Pawan, PS Jaitpur.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 25.02.2020 The status report has been submitted on behalf of the State. The applicants seek the grant of anticipatory bail inter alia placing reliance on proceedings dated 23.01.2020 in relation to Bail Appl. No.187/2020 of the co-accused Sourav Kumar who is allegedly stated to have given a punch blow on the injured. As per the status report that has been submitted on behalf of the State though, the applicants have joined the investigation on 20.02.2020 pursuant to directions dated 19.02.2020, but have not cooperated in the investigation. The applicant Bhola Singh is also alleged to have involved in the FIR No.202/2017, PS Jaitpur under Sections 324/341 of the Indian Penal Code, 1860 qua which it has been submitted on behalf of the petitioner that the same is the cross FIR lodged pursuant to a complaint made by the petitioner. On behalf of the State, it has inter alia been submitted that as

per the averments made in the FIR, the applicant Bhola Singh has allegedly inflicted a knife blow on the injured and that the knife in question has to be recovered.

Though, it has been submitted on behalf of the applicants that the incident relates to the year 2017, in as much as, it has been submitted on behalf of the State that the recovery of the knife is to be effected as also taking into account the MLC of the injured, as regards the prayer made by the applicant Bhola Singh seeking the grant of anticipatory bail, the prayer is declined.

The prayer seeking the grant of anticipatory bail in relation to the applicant Jitender Gautam @ Jeetu however, who is alleged to have given mere some fist blows and kicks to the injured, is allowed to be released on bail on filing a bail bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the learned Trial Court subject to conditions that he shall not tamper with the evidence and shall join the investigation as and when required. The application stands disposed of.

ANU MALHOTRA, J FEBRUARY 25, 2020/NC