← Library
High Court of DelhiBAIL APPLN./1595/2018

Mohd. Omar @ Gung Pehalwan v. State Of NCT Of Delhi & ANR

2018-07-13Hon'Ble Mr. Justice R.K.Gauba2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1595/2018 and Crl. M.A. 12496/2018 MOHD. OMAR @ GUNGA PEHALWAN ..... Petitioner Through: Mr. Ravindra Narayan, Advocate versus STATE OF NCT OF DELHI ..... Respondent Through: Mr. Ashish Dutta, APP for the State with SI D.V. Singh PS Amar Colony

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 13.07.2018 The first informant Megh Singh by his complaint which has been reduced into FIR (no.264/2018) of police station Amar Colony has charged the petitioner as the perpetrator of certain acts which, in the initial view of the police, involved offences punishable under Sections 323, 341, 384, 506 IPC.

The FIR was registered on 27.06.2018.

Having regard to the allegations made in the said FIR, prima facie a case of robbery also seems to be constituted by the acts attributed to the petitioner.

The allegations are serious in nature including physical assault on the person of the first informant and his goods having been wrongfully taken away with threat for he to pay certain amount of money to live in peace in future. The petitioner has a history of involvement in crimes including on the charge of BAIL APPLN. 1595/2018

attempted murder.

Atleast two of the cases registered in the past against him are still pending trial.

The counsel for the petitioner submitted that the first informant Megh Singh is also present in court and he is ready to settle the matter amicably in which context WP(Crl.) 2059/2018 has been filed for the proceedings arising out of the FIR to be quashed. The very fact that the petitioner counsel is accompanied by the first informant shows undue influence has been exerted on the complainant even at this early stage which is not proper. No case for anticipatory bail is made out.

The bail application and the application filed therewith are dismissed.

R.K.GAUBA, J JULY 13, 2018 yg BAIL APPLN. 1595/2018