Vicky v. State NCT Of Delhi

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1315/2016 VICKY ..... Petitioner Through:

Mr. K.N. Mishra and Mr. Bahar U Barqi, Advocates versus STATE NCT OF DELHI ..... Respondent Through:

Mr. Ashish Dutta, APP along with SI Megha Ram, PS-Sun Light Colony, for the State.

Mr.

R.C.S.

Bharodia, Adv for complainant

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 26.07.2016 The applicant has preferred the present application u/s 439 Cr PC to seek regular bail. The accusation made in the FIR is that on the night of 13.03.2016 at about 10:00 p.m., the applicant and his pregnant wife were returning from Maharani Bagh to their house, when the applicant/ accused Vicky along with two other co-accused persons Deepak and Sunil stopped them and snatched Rs.1000/- from the complainant and gave beatings to him. The accused persons continued to beat the complainant and also throw a big brick at him, because of which he received injuries and got fracture in

his shoulder. Consequently, the FIR in question got registered and investigation taken up.

The injury suffered by the complainant was found to be grievous. Consequently, section 397 IPC has been added. Initially, the applicant did not join the investigation and was absconding. Proceedings u/s 82 Cr PC were initiated against him. He surrendered in court on 18.05.2016 after his anticipatory bail application was dismissed on 11.05.2016. The submission of counsel for the applicant is that the applicant and the complainant are neighbours. They have arrived at a settlement and the affidavit of the complainant was filed before the Sessions Court, a copy of which has been filed on record as Annexure P-6. The complainant is present in court and states that he is under no force or coercion and agrees to the grant of bail to the applicant. He states that he would not like to see the life of the applicant who is a youngster being ruined. The applicant has been counselled to mend his ways in future. He has assured the court that he shall not indulge in any criminal activity in future.

The learned APP points out that the charge sheet is in the process of being filed and the investigation is complete. In view of the aforesaid, there is no necessity of retaining the petitioner in custody any longer. He is, accordingly, admitted to bail upon furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the trial court. He shall also furnish a personal bond of good conduct. He shall not influence any of the prosecution witnesses including the complainant.

Petition stands disposed of. Dasti.

VIPIN SANGHI, J JULY 26, 2016 sr