Asha v. State (Gnct Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1059/2019 ASHA .... Petitioner Through:

Mr. Amit Singh Chauhan, Mr.

Hemant Chauhan, Mr. Munesh Chauhan and Mr. Sharad Singh, Advs.

versus STATE (GNCT OF DELHI) Respondent Through:

Ms. Meenakshi Chauhan, APP with W/ASI Usha Devi, P.S. Mundka.

AND BAIL APPLN. 1062/2019 DEEPANSHU Petitioner Through:

Mr. Amit Singh Chauhan, Mr.

Hemant Chauhan, Mr. Munesh Chauhan and Mr. Sharad Singh, Advs.

versus STATE (GNCT OF DELHI) Respondent Through:

Ms. Meenakshi Chauhan, APP with W/ASI Usha Devi, P.S. Mundka.

AND BAIL APPLN. 1061/2019 HIMANSHU Petitioner Through:

Mr. Amit Singh Chauhan, Mr.

Hemant Chauhan, Mr. Munesh Chauhan and Mr. Sharad Singh, Advs.

versus STATE(GNCT OF DELHI) Respondent Through:

Ms. Meenakshi Chauhan, APP with W/ASI Usha Devi, P.S. Mundka.

AND BAIL APPLN. 1063/2019 RAJENDER Petitioner Through:

Mr. Amit Singh Chauhan, Mr.

Hemant Chauhan, Mr. Munesh Chauhan and Mr. Sharad Singh, Advs.

versus STATE(GNCT OF DELHI) Respondent Through:

Ms. Meenakshi Chauhan, APP with W/ASI Usha Devi, P.S. Mundka.

CORAM:

HON'BLE MR.

JUSTICE A.K. PATHAK

ORDER

% 26.04.2019 Learned counsel for the petitioners submits that complainant is their neighbour. On 14.03.2019 at about 11:30 pm complainant's father quarrelled with Himanshu wherein he gave knife blows to Himanshu resulting injuries to him. Himanshu got the FIR No. 105/2019 registered at police station Mundka on 15.03.2019 against the father of complainant. Father of the complainant was arrested. It is further submitted that as a r counter blast, present FIR No. 132/2009 has been lodged by the complainant alleging therein that petitioners, armed with axe, hammer, baseball bat and knife, had forcibly entered in her house and attacked them; they also torn clothes of her mother, inasmuch as, molested her. It is further submitted that present FIR was got registered by the complainant on 02.04.019 in respect of the incident dated 14.03.2019. There is delay in lodging the present FIR which has been lodged as a counter blast to the FIR lodged by Himanshu on

15.03.2019 itself, that is, immediately after the incident. As per petitioners, the incident took place in the street as well as in their house. However, complainant has shown the incident to had taken place in her house. Learned APP, who is assisted by the counsel for the complaint, has opposed the grant of anticipatory bail to the petitioners. It is contended that petitioners had forcibly entered in the house of complainant on 14.03.2019 and attacked them. However, during the course of hearing, it is admitted that no complaint was made by the complainant in the police station till 20.03.2019 regarding the above-mentioned incident.

Keeping in mind totality of the facts and circumstances of this case, it is ordered that in case of arrest petitioners be released on bail, subject to their furnishing a personal bond in the sum of ^20,000/- each with one surety each in the like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned police station. Above noted bail applications are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

APRIL 26, 2019/ga