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High Court of DelhiBAIL APPLN./2103/2024

Manoj Kumar v. The State(Govt. Of NCT Of Delhi)

2024-11-11Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2103/2024, CRL.M.A. 18320/2024, CRL.M.A. 18321/2024 MANOJ KUMAR .....Petitioner Through:

Mr. Mahipal Singh Drall, Mr. Rohit and Mr. Devender, Advocates.

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

Mr. Laksh Khanna, APP for State with Insp. Sharad Kumar Bishnoi, SHO/P.S. SMRS, SI Kuldeep, P.S.

SMRS, ASI Manoj, P.S. NDRS and ASI Rajesh, P.S. Kanjhawala.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 11.11.2024

O R D E R

1.

By way of present bail application, the applicant seeks anticipatory bail in FIR No. 0017/2023 registered under Sections 323/326/341/506/34 IPC at P.S. Subzimandi Railway Station, Delhi. 2.

Learned counsel for the applicant submits that applicant has been falsely implicated in the present FIR and in this regard, submits that post registration of the FIR, the complainant has made numerous calls and also sent messages to the applicant for settling of the case. It is also submitted that there is no head injury as alleged in the FIR. 3.

Per contra, Ld. APP for the State has opposed the bail by contending that in the present case, the applicant is named as one of the assailants. He The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/11/2024 at 11:46:02

submits that on account of the assault, the complainant had received injury on the scalp which has been opined to be grievous in nature. He, on instructions, submits that prior to registration of present FIR, the complainant's sister has also lodged an FIR No. 107/2017 at P.S. Adarsh Nagar, Delhi against the present applicant amongst others which is pending trial. It is also stated that the entire incident is captured in the CCTV footage which shows that the applicant was hitting with chopper (meat cutting knife), which is yet to be recovered. 4.

I have heard the learned counsels for the parties and perused the material placed on record.

5.

As per the allegations, the complainant has suffered grievous injuries. The complainant's allegation are supported by the MLC and the CCTV footage capturing the incident. Keeping in mind the totality of the facts, this Court is not inclined to admit the applicant on anticipatory bail. Consequently, the bail application is dismissed alongwith pending applications.

MANOJ KUMAR OHRI, J NOVEMBER 11, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/11/2024 at 11:46:02