Shakela & ANR v. State Of NCT Of Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1162/2018 SHAKELA & ANR ..... Petitioners Through:

Mr. Manoj Kumar Sharma, Advocate.

Versus

STATE OF NCT OF DELHI ..... Respondent Through:

Mr. Tarang Srivastava, APP for State with SI Omveer Singh, PS-Nand Nagri.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 14.08.2018 The petitioners seek anticipatory bail in case FIR No. 183/2018 at Police Station, Nand Nagri registered under sections 323/308/34 IPC. Petitioner no. 1 is alleged to have caused injuries to the complainant in an altercation at a building construction site. A copy of the Additional Status Report has been handed over by the learned Additional Public Prosecutor for the State to the Court today, it is taken on record. According to the said Report, the injuries sustained by the victim are simple in nature. There are other co-accused who are stated to have caused the injuries. Petitioner no. 1, who is 40 years old, is a homemaker and has five minor school going children whom she has to take care of on a daily basis. It is further contended that petitioner no. 2 also is 40 years of age, lives in the same house and assists in the daily care of the said children and running of the household, comprising elderly persons who too need care and food on a regular basis; that the petitioners are ready and willing to join the investigation. Accordingly, let them appear before the

Investigating Officer on 18.08.2018 at 11.00 am. In view of the above, it is directed that in the event of arrest of the petitioners in FIR No. 183/2018 at Police Station, Nand Nagri registered under sections 323/308/34 IPC, they be released on bail on their furnishing a personal bond in the sum of Rs.15,000/- each with a surety in the like amount to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:

(i) the petitioners shall continue to participate in the investigation as and when they are so intimated by the Investigating Officer; (ii) they shall make no attempt, directly or indirectly, to contact the complainant or his relatives or close associates; (iii) their mobile phone numbers shall be operational at all times, so that the police could contact them;

(iv) they shall not make any effort to evade the process of law; and (v) in case of change of the phone numbers or address, the petitioners shall inform the police forthwith. Observation made in this order shall have no bearing on the merits of the case.

The petition is disposed-off in the above terms. A copy of this order be given dasti to the learned counsel appearing on behalf of the parties under the signature of the Court Master. NAJMI WAZIRI, J AUGUST 14, 2018 RW