Kamal v. State Of NCT Of Delhi

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 209/2016 KAMAL ..... Petitioner Represented by: Mr. Anilendra Kant Srivastava and Mr. Sarbendra Kumar, Advs.

versus STATE OF NCT OF DELHI ..... Respondent Represented by: Mr. Ashish Dutta, APP for State with SI Kamlesh, PS-Ambedkar Nagar.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

O R D E R

% 28.01.2016 1.

By way of the present petition filed under Section 438 Cr.P.C. petitioner seeks anticipatory bail in case FIR no. 148/2015 registered at PS-Ambedkar Nagar for the offences punishable under Sections 308/34 IPC.

2.

For the aforesaid relief, the petitioner along with his brother Sunil earlier moved an application before the District and Sessions Judge, South District. Same was disposed of vide order dated 15.01.2016, whereby his brother Sunil was granted anticipatory bail. However, the application of the petitioner was dismissed.

3.

Perusal of the aforesaid order reveals that petitioner is involved in 8 cases and had assaulted the injured Ranjeet with a rod and accordingly the present FIR was registered against the petitioner. 4.

It is not in dispute that another FIR No. 147/2015 was registered on

the complaint of father of the petitioner against the complainant Ranjeet, who received injuries in the present FIR.

5.

It is specifically mentioned in the Statement of the father of the petitioner that on 14.02.2015, he was at his residence, whereas his son, i.e., petitioner herein was not there at that point of time. On the said date, Sabir and Ranjeet under the influence of liquor came to his residence and were asking about the petitioner. When the father of the petitioner told them that petitioner was not at home, they caused injury to him with a knife. 6.

On perusal of the FIR No. 148/2015, it is established that the incident in question had taken place at the residence of the petitioner and the injured therein came to his residence and attacked his father. 7.

In view of the facts recorded above, IO of the case is directed to admit the petitioner on bail in the event of arrest on his furnishing a personal bond of Rs.50,000/- with one surety of the like amount to his satisfaction. 8.

Accordingly, the petition is allowed.

SURESH KAIT, J JANUARY 28, 2016/jg