Harmeet Singh v. State

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPL. 1279/2020 HARMEET SINGH .....Petitioner Through:

Mr Sumit Gaba, Advocate.

versus STATE ..... Respondent Through:

Mr G.M. Farooqi, APP for State.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 07.07.2020

1. The hearing was conducted through video conferencing.

2. The petitioner seeks anticipatory bail, in case FIR No.311/20 dated 07.06.2020 registered at Police Station, Kirti Nagar, New Delhi under Sections 448/451/380/506/34 of the Indian Penal Code („IPC‟) regarding property bearing number C-34, Sharda Puri, Ramesh Nagar, Delhi.

3. On the previous date i.e. 16.07.2020, the following order was passed: "...

8. The petitioner claims that he has not trespassed into a thirdperson's property; the issue pertains to his ancestral property i.e. the property of his grandfather.; the compliant has been filed by his uncle and the petitioner's father is in lawful possession of the property in question since March, 2019. It is contended that there cannot be any trespass. in one's own property. He submits that in any case, he would be meet the civil claims of any other claimant to the property in appropriate civil proceedings..."

4. According to the petitioner the lis is essentially in the nature of a civil dispute for which a Civil Suit (which is still unnumbered) has been filed by the father of the petitioner and is pending before the learned Civil Judge, Tis Hazari Courts, Delhi. Summons have been issued and the next date i.e. 08.07.2020. The petitioner is ready and willing to join the investigations, as and when called upon by the IO, through video-conferencing.

5. In view of the above, in the event of arrest, the petitioner shall be released on bail on his furnishing a Personal Bond in the sum of Rs.15,000/- with one surety of the like amount, to the satisfaction of the concerned SHO/Duty MM. The petitioner is however directed to join investigation as and when so required by the IO by serving notice, preferably via video-conferencing keeping in view the social distancing regulations that would be required in view of the current pandemic circumstances.

6. The bail application is disposed off in terms of the above.

7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JULY 07, 2020/rd