Deepak @ Bhola v. The State (Govt. Of NCT Delhi)

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 322/2017 DEEPAK @ BHOLA ..... Petitioner Through :

Mr. Abhishek Chauhan and Ashutosh Bhardwaj, Advs.

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

Mr.

Amit Chadha, APP with SI Karamvir PS Narela.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.02.2017 Crl. M.A.3160/2017 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

BAIL APPLN. 322/2017 Learned counsel for petitioner submits that petitioner has been falsely implicated. There was no previous litigation between petitioner and complainant. Only allegation against the petitioner is that he tried to take possession of the plot of complainant.

It is submitted that mother of petitioner has also filed a writ petition apprehending the false implication of petitioner.

Learned Additional Public Prosecutor has opposed the grant of

anticipatory bail to petitioner. It is submitted that FIR was registered on 19th November, 2015. Petitioner has successfully evaded the arrest for last more than one year. Proceedings under Section 82 Cr.P.C. have been completed. Complainant has stated in the FIR that Petitioner and his brother had trespassed his plot and took away the bricks lying therein by putting them in JCB.

Learned Additional Public Prosecutor further submits that brother of petitioner is a BC of the area. Petitioner has also got previous involvement under Sections 387/448/468/471/120B/392/394/397/302/34 IPC. Keeping in mind the above facts, I am of the view that no case is made out for grant of anticipatory bail to petitioner. Application is dismissed.

A.K. PATHAK, J.

FEBRUARY 22, 2017/dk