Deepak Gupta v. State

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 480/2016 DEEPAK GUPTA ..... Petitioner Through:

Mr.Abhishek Puri, Advocate versus STATE ..... Respondent Through:

Mr.Ashish Dutta, APP for the State with ASI Birender Singh Yadav, PS Govind Puri.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 18.04.2016 1.

By filing the present application under Section 439 Cr.P.C. read with Section 482 Cr.P.C., the Petitioner is seeking interim bail in FIR No. 1345/2015, under Section 307 read with Section 34 IPC, registered at PS Govind Puri.

2.

On behalf of the petitioner, it has been submitted that the matter has already been settled by the complainant with the co-accused who is his father-in-law but the petitioner has been in custody in this case for the last 189 days.

3.

Learned counsel for the petitioner has also drawn the attention of this Court to the treatment record of the injured Akram Khan wherein opinion about the injury has been recorded as under:

"We have found no evidence to indicate that your head injury was serious. However, new symptoms and unexpected complications can develop hours or even days after the injury."

4.

FIR No. 1345/2015 has been registered on the statement of Akram Khan, the injured. In his statement he has reported that he had been selling fruit on 'Rehrii' at Majnu Ka Tilla. He married a Hindu girl Himanshi @ Shruti about seven years ago and since then they have been living together with their two years old child. He had some quarrel with his wife and she called her father Rakesh who came there with intention to quarrel with him. The petitioner Deepak Gupta who is known to his wife, also accompanied his father-in-law. The complainant was questioned by his father-in-law as to why he was beating his daughter. Thereafter both of them started giving beating to him and Deepak brought a gandasa from the rear room and hit on his head. He managed to escape from their by jumping from first floor and reported the matter to police.

5.

Taking into consideration the nature of injury allegedly caused by the petitioner to the complainant and that the petitioner is in custody for the last more than six months; co-accused was father of the wife of the complainant, had already settled the dispute with his son-in-law, the complainant, the petitioner is admitted on bail on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of Trial Court/Link Court.

6.

As prayed, copy of the order be given dasti to learned counsel of the parties.

PRATIBHA RANI, J.

APRIL 18, 2016 'hkaur'