Nadeem & ORS v. The State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 742/2018 and Crl.M.A.6143-6144/2018 NADEEM & ORS ..... Petitioner Through:

Mr. Jitender Tyagi, Advocate with Mr. Rishi Bharadwaj, Adv.

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

Mr. Ashish Dutta, APP for the State with SI Bhagwan Singh, PS Jamia Nagar.

Mr. Sameer Chandra, Adv. with Mr.

Zuber Raza & Mr. Tushar Chhabra, Adv.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 09.07.2018 The names of the applicants have figured in the investigation into case FIR No.78/2018 of Police Station Jamia Nagar registered on 01.03.2018 involving offences punishable under Sections 323/308/341/379/397 /427/506/34 IPC on the complaint of Mohd. Mursleem respecting an incident wherein several persons suffered injuries in the incident including Mohd. Mursleem, Shadab @ Saddam and Laik Ahmed, the injuries suffered by Shadab @ Saddam are stated to be in the head region though caused by blunt weapon (iron rod).

The case of the complainant is that it is the other party which had entered into their house and had indulged in the attack which was without provocation. The investigating agency, however, has gathered footage of a BAIL APPLN. 742/2018

video recording by a local resident which reveals that the incident had occurred in the public street.

It statedly confirms the applicants having participated voluntarily in the attack on the opposite party. As per the investigating agency, the petitioners have not been cooperating with the investigation and there is yet another case registered it being FIR No.161/2018 again of Police Station Jamia Nagar where allegations of offences punishable under Sections 420/468/471/34 IPC have been levelled against the applicants.

Having regard to the over-all facts and circumstances, it cannot be said at this stage that the case against the petitioners is unfounded. In a case of this nature, anticipatory bail ought not be granted as the investigating agency might require custodial interrogation. The bail petition is dismissed.

This disposes of pending applications as well. R.K.GAUBA, J.

JULY 09, 2018 vk BAIL APPLN. 742/2018