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High Court of DelhiBAIL APPLN./1302/2020

Rekha v. State

2020-06-19Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + REKHA ..... Petitioner Through: Mr.Nitin S.Vashisht and Mr.Lovenish Mendiratta, Advocates.

versus STATE ..... Respondent Through: Mr.G.M.Farooqui, APP for State along with IO SI Sudhir, P.S. Bawana, Delhi (M-9810940078).

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI (VIA VIDEO CONFERENCING)

O R D E R

% 19.06.2020 1.

The present application has been filed on behalf of the petitioner seeking bail in FIR No.329/2020, registered under Sections 323/452/308/34 IPC at Police Station Bawana, Delhi.

2.

Learned counsel for the petitioner submits that the dispute in the present case occurred between two brothers and their wives. He further submits that the petitioner is the wife of the co-accused Amit, who happens to be brother of the injured Arun Kumar. He further submits that as per the allegations made in the FIR, the role attributed to the present petitioner is of coming along with her husband. As per the statement of the two injured persons, it was Amit, who was holding the iron rod and the petitioner was

not carrying any weapon. He further submits that the petitioner is a house wife having a 7-year old child and there is no one else in the family to look after and take care of the child.

3.

Learned APP for the State, on the other hand, has vehemently opposed the bail application. He submits that as per the MLC, the injured Arun Kumar received 8 injuries and his wife Savita also received 3 injuries. 4.

In rebuttal, learned counsel for the petitioner submits that the injuries received by Savita were simple in nature and both Arun and Savita were discharged from the hospital on the same day. 5.

Keeping in view the totality of the facts and circumstances of the case, the petitioner is admitted to bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty M.M. and subject to the following further conditions: - (i) The petitioner will not leave the jurisdiction of NCT of Delhi without the prior intimation to the concerned IO/SHO.

(ii) The petitioner will provide her mobile telephone number to the IO, SI Sudhir, P.S. Bawana, Delhi (M-9810940078), which she undertakes to keep operational at all times during the period of trial. In case of change in her mobile number and address, the petitioner shall inform the same to the concerned IO/SHO.

(iii) The petitioner will remain in touch with the IO, SI Sudhir, P.S. Bawana, Delhi on his mobile number: M-9810940078 on the first Monday of the month during the period of trial.

(iv) The petitioner shall regularly appear before the Trial Court.

6.

The application stands disposed of in the above terms. 7.

A copy of this order be communicated electronically to the concerned Jail Superintendent for information and necessary compliance. MANOJ KUMAR OHRI, J June 19, 2020 'dc'