Subender Singh @ Sube v. State NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLN. 886/2018 & Crl.M.IBail) 645/2018. Crl. M.A.
9642/2018 DEVENDER SINGE[ @ JODHA Mr. Mohit Mathur, Sr. Adv. with Ms. Manisha Parmar, Mr. Kapil Chaudhary, Advs.
STATE NCT OF DELHI BAIL APPLN. 1015/2018 & Crl.MTBain 733/2018. CrI.M.As.
8439/2018, 9641/2018 SUBENDER SINGH @ SUBE Mr. Mohit Mathur, Sr. Adv. with Ms. Manisha Parmar, Mr. Kapil Chaudhary, Advs.
STATE NCT OF DELHI BAIL APPLN. 1830/2018 MANISH Mr. Mohit Mathur, Sr. Adv. with Ms. Manisha Parmar, Mr. Kapil Chaudhary, Advs.
Page I of 6 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
STATE NCT OF DELHI BAIL APPLN. 1837/2018 MADANLAL Mr. Mohit Mathur, Sr. Adv. with Ms. Manisha Parmar, Mr. Kapil Chaudhary, Advs.
STATE NCT OF DELHI BAIL APPLN. 1868/2018 RAJESH Mr. Kapil Singhal, Adv.
THE STATE (NCT OF DELHI) BAIL APPLN. 1928/2018 RAN PAL SINGH BHATI Mr. Kapil Singhal, Adv.
THE STATE (NCT OF DELHI) Mr Amit Ahlawat, APP for State
BAIL APPLN. 1939/2018 AJAY PAL Mr. Kapil Singhal, Adv.
THE STATE (NCT OF DELHI) BAIL APPLN. 1940/2018 RAVI PAL Mr. Kapil Singhal, Adv.
THE STATE (NCT OF DELHI)
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER
% 05.10.2018 The involvement of the petitioners in this batch of bail applications in the crime which is subject matter of investigation of case FIR No. 115/2018, PS Ghazipur, has been alleged for the offences punishable under Sections 308/34 IPG. It appears that the police during the course of investigation has added the offences under Sections 147, 148, 149 IPG to the case. The incident in which the said offences were committed appears to
have taken place in the morning hours of 29.03.2018 at or around 7:00 AM. It is the allegation of the first informant - Gulab Singh that while he alongwith his associates were present at their milk dairy situate in Ghazipur Dairy Farm, Delhi, the petitioners had come there extending threats to the workers and thereafter beat up the first informant and his associates with wooden sticks.
The petitioners, however, rely on allegations in the cross FIR No. 114/2018, registered prior to this FIR by the same Police Station involving offences punishable under Sections 323/307/506/34 IPG. According to the said cross FIR, registered at the instance of petitioner - Devender Singh @ Jodha, he was present at his milk dairy at Ghazipur Dairy Farm, Delhi with his associates when the opposite party, represented by the first informant of FIR No. 115/2018 had come there and assaulted the petitioner - Devender Singh @ Jodha and others from his side. In the process, Sakir from the opposite group, with the arm carried by him, fired at the right temple of the petitioner - Devender Singh @ Jodha, this injuring him, his associates Rashid and Salman, also having shot with the fire arms carried by them but r the same mercifully not hitting him.
Some other persons on the side of the petitioners were also injured in the quarrel. The fact that Devender Singh @ Jodha suffered fire arm injury on the right temple, the bullet having exited from the right side neck is confirmed by the discharge summary issued by Kailash Hospital where he was taken for treatment. It is the admitted case of the prosecution that all the persons named as the assailants by the petitioners in the cross FIR No.
but later released on bail.
In the given facts and circumstances, the plea that the petitioners may have acted in self-defence cannot be brushed aside. Thus, the petitions are allowed. It is directed that in event of petitioners, namely Devender Singh @ Jodha, Subender Singh @ Sube, Manish, Madan Lai, Rajesh, Ran Pal Singh Bhati, Ajay Pal and Ravi Pal being arrested, they shall be released on bail by the arresting officer on furnishing personal bonds in the sum of Rs.20,000/- each with one surety in the like amount subject to the following further conditions (i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so;
(ii) The petitioners shall not come in contact with or try to influence any of the witnesses connected to the case; (iii) Prior to his release, they shall give the telephone numbers of self and of at least one other responsible family member besides .>N \ that of the surety to the investigating officer; (iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence. This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the
investigation and process being issued against them by the court of cognizance.
The petitions and the accompanying applications stand disposed of in above terms.
Dasti.
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OCTOBER 05, 2018 m