Jumman S Gehlot v. The State (NCT Of Delhi)
$~ 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2201/2020 JUMMAN S. GEHLOT ..... Petitioner Through:
Ms.Archana Sharma, Advocate versus STATE ..... Respondent Through:
Mr. Kewal Singh Ahuja, APP for State with SI Babu Lal, PS Palam Village
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% 04.09.2020 The status report has been submitted by the State. The applicant vide the present application seeks the grant of Bail in relation to the FIR No. 522/2020, Police Station Palam Village (South-West), registered under Sections 186/353/332/34 of the Indian Penal Code, 1860, submitting inter alia to the effect that the applicant has been falsely implicated in the instant case out of animosity between the complainant and the applicant.
The applicant is stated to be 67 years of age and is a senior citizen. The allegations levelled against the applicant as per the FIR are to the effect that he had allegedly with 2 to 3 ladies of his house scrambled with SI Babu Lal and his staff when he had gone to conduct an investigation in relation to a PCR call received on 29.7.2020 of a stabbed injury at D-4, Sector-7, Papan Kala Dwarka, where they met Jitender S/o Lachi Ram who informed that the
applicant along with his sons grabbed upon him and that Rakesh Kumar @ Toni had stabbed him with a knife in relation to which FIR bearing No.523/2020, Police Station Palam Village under Section 308/34 IPC has been registered. It has further been submitted through the status report that during the enquiries that have been conducted by the said SI Babu Lal and staff who went upstairs to talk to Rakesh Kumar after that 2- 3 ladies stood in front of the gate and started abusing the police and Rakesh was also abusing from inside and after some time the applicant came abusing SI Babu Lal and staff and they brought down SI Babu Lal along with his staff with the help of ladies, after coming out 2-3 ladies and Jumman Singh, i.e.
, the present applicant and Rajesh Kumar started scrambling with SI Babu Lal and his Staff and during scrambling the family of the applicant and the co accused threw a flower pot and bricks on SI Babu lal and his staff from the balcony of IInd floor of his house as a consequence of which SI Babu Lal sustained injuries on his shoulder. The injuries sustained by SI Babu Lal as per the MLC No. 448/2020 of Divya Prastha Hospital are simple. It has been submitted on behalf of the State that the applicant's family is creating a terror to the family of the Jitender, i.e., the complainant of FIR No. 523/2020 Police Station Palam Village under Section 308/34 of the Indian Penal Code, 1860 and the applicant is of aggressive nature and temperament.
Babu Lal and the role attributed against the applicant is of abusing SI Babu Lal and the staff and with two-three other ladies scrambling with them, with the applicant having been incarcerated since 30.7.2020, as the applicant is apparently not required for further investigation with no previous antecedents against him, the applicant in the instant case is allowed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Court with directions that • he shall not leave the city;
• he shall make no contact with the complainant; • he shall keep his mobile phone on at all times; • he shall drop a pin on the Google map to ensure that his location is available to the Investigating Officer and; • he shall commit no offence whatsoever.
The application is disposed of.
The Bail Appln. no. 2200/2020 is disposed of. It is pointed out by the learned counsel for the applicant that in the cause list for the day in relation to serial No. 11, 12 and 13 , the police station mentioned is Palam Airport whereas the FIR No. 523/2020 and 522/2020 all relate to Police Station Palam Village. The Registry is directed to rectify the name of the Police Station and is directed to be careful in future.
ANU MALHOTRA, J SEPTEMBER 04, 2020 SV