Harminder Singh @ Ginny v. State

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 138/2016 HARMINDER SINGH @ GINNY ..... Petitioner Represented by:

Mr.Ashutosh Bhardwaj, Adv versus STATE ..... Respondent Represented by:

Mr.Amit Ahlawat, APP for the State with SI Ajay Singh, PS Darya Ganj, Delhi.

Mr.Naved Khan and Mr.Javed Khan, Advs for complainant.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

O R D E R

% 15.02.2016 1.

Vide instant bail application filed under Section 438 of the Cr P C, petitioner seeks anticipatory bail in case FIR No.719/2015 registered at police station Darya Ganj, Delhi for the offences punishable under Sections 308/34 of the IPC.

2.

The allegations as per the FIR against the petitioner and other co-accused persons in brief are that all the four accused persons abused the father of complainant by giving fists and blows. When he tried to save his father, then co-accused Bali caused injuries on the head of his father with a Chapar. Consequently, his father fell down on the ground. The petitioner, Junaid, and Ata-ur-Rehman were beating his father with legs, fits and blows while he was lying on the ground. When the complainant tried to intervene, then Bali also started abusing him and also attacked with Chapar. However, he saved himself.

BAIL APPLN. 138/2016

3.

Vide order dated 21.01.2016, the petitioner was directed by this Court to join the investigation. Consequently, he joined the same. 4.

Learned Prosecutor for the State fairly submits that as per the CCTV footage, there is no activity of the petitioner however, it is seen that he was standing with the complainant. 5.

It is not in dispute that other co-accused persons have already been admitted on regular bail. There is no previous history or involvement of petitioner in any criminal case and no recovery is to be effected from him.

6.

Accordingly, it is deemed proper to admit the petitioner on anticipatory bail in this case.

7.

Consequently, it is directed that petitioner shall be released by the Investigating Officer/SHO concerned on his furnishing a personal bond in the sum of Rs.15,000/- with one surety in the like amount to their satisfaction in the event of arrest of petitioner in this case. It is also directed that in case of any change of address of applicant or surety, the same shall be communicated to learned Trial Court as well as Investigating Officer/SHO concerned.

8.

In above terms, instant petition is allowed and disposed of. 9.

Order dasti.

SURESH KAIT, J FEBRUARY 15, 2016 M/jg BAIL APPLN. 138/2016