Sandeep v. The State ( NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 157/2016 SANDEEP ..... Petitioner Through:

Mr Vinay Kumar Sharma, Adv.

versus THE STATE ( NCT OF DELHI) ..... Respondent Through:

Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Tejwati Police Station Alipur, Delhi

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 05.02.2016 This is application under Section 438 of Cr.PC moved by the petitioner for grant of anticipatory bail in case FIR No.1030/2015 under Sections 354(B)/323/34 IPC registered at Police Station Alipur, Delhi.

It is submitted by counsel for the petitioner that property disputes are going on between the parties and the present FIR has been registered as a counterblast to the cross FIR No.1031/2015 lodged by the petitioner and his family members against the complainant's family. The only role assigned to the petitioner is that of pulling the hands of the complainant. The petitioner is ready and willing to join investigation as such he be released on anticipatory bail. Learned Additional Public Prosecutor for the State, however, opposes the bail application on the ground that the complainant sustained injuries; the allegations are serious as such the petitioner is not entitled to be released on anticipatory bail. It is not in dispute that property disputes are going on between the parties and cross FIR has been registered.

The allegations against the petitioner are confined to pulling the hands of the complainant. As per the status report, custodial interrogation of the petitioner is not required. Keeping in view the totality of the facts and circumstances of the case, it is ordered that in the event of his arrest:- (v) Petitioner be admitted to bail on his executing personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety in the like amount to the satisfaction of the concerned I.O./SHO.

(vi) He shall join the investigation as and when called for by the I.O.

(vii) He shall furnish his address as well as his contact number to the Investigating Officer.

(viii) He shall not threaten or coerce complainant or any prosecution witness. The application is accordingly disposed of.

Copy of this order be given dasti to counsel for the petitioner. SUNITA GUPTA, J FEBRUARY 05, 2016/rd