Shiv Kumar v. State Of NCT Of Delhi

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1841/2020 SHIV KUMAR ..... Petitioner Through Mr Lal Singh Thakur, Advocate.

versus STATE OF NCT OF DELHI ..... Respondent Through Mr Amit Gupta, APP for State

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 22.07.2020 [Hearing held through videoconferencing] CRL. M.A. 9725/2020 & CRL. M.A. 9724/2020 1.

Allowed, subject to all just exceptions.

2.

The applications are disposed of.

BAIL APPLN. 1841/2020 3.

The petitioner has filed the present application for anticipatory bail in FIR No. 246/2020 under Section 308/323/341/506/34 IPC registered with PS Sonia Vihar, Delhi.

4.

This FIR was registered in respect of an incident which had occurred on 21.06.2020 at about 18.00 - 18-30 hours. A cross FIR (FIR No. 247/2020 under Section 308/323/341/506/34 IPC) was also registered almost simultaneously. The incident - a physical fight between two grops of persons - is alleged to have occurred due to a dispute between two family groups of persons in respect of an immovable property. It appears from the record that the dispute regarding the immovable propertyis a long festering

dispute and has been a subject matter of civil action in the past. The petitioner claims that although his family members were involved in the incident, he was not present at the spot. He states that he was also injured by the complainant and his family almost one hour prior to the incident and he was then taken to the hospital.

5.

Be that as it may, it appears from the record that all the persons involved in the case barring a few elderly persons were arrested and they have since been released on bail. The learned counsel appearing for the petitioner also states that the parties are in the process of amicably resolving their disputes.

6.

In view of the above, this Court considers it apposite to allow the present petition. The petitioner be released on anticipatory bail on his furnishing a personal bond in the sum of ₹20,000/- with one surety of the equivalent amount to the satisfaction of the IO/SHO PS Sonia Vihar. 7.

This is also subject to the following further conditions:- (a) that the petitioner shall not leave the National Capital Territory of Delhi;

(b) that the petitioner shall provide his contact number and ensure that he is reachable at all times; (c ) that the petitioner shall appear before the Investigating Officer as and when required.

8.

The application is allowed in the aforesaid terms. VIBHU BAKHRU, J JULY 22, 2020 pkv