Kalu @ Kali Ghata v. State (NCT Of Delhi)
$~6 and 7 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1656/2018 AJAY VERMA @ GAUTU VBRMA @ Petitioner GAURI GHATA Mr. Shailendra Singh, Ms.
Gitanjali Malviya, Ms. SanaUL-Haq, Mr. Dayanand Sharma and Mr. Purushendra Bhardwaj, Advocates.
Represented by:
versusRespondent Ms. Meenakshi Chauhan, APP with SI Krishan Lai, PS Kalyan STATE (NOT OF DELHI) Represented by:
Puri.
+ BAIL APPLN. 1663/2018 Petitioner KALU @ KALI GHATA Mr. Shailendra Singh, Ms.
Gitanjali Malviya, Ms. SanaUL-Haq, Mr. Dayanand Sharma and Mr. Purushendra Bhardwaj, Advocates.
Represented by:
versus Respondent Ms. Rajni Gupta, APP with SI Krishan Lai, PS Kalyan Puri.
STATE (NOT OF DELHI) Represented by:
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA 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.
L
ORDER
o/„ 28.08.2018 1.
By these petitions, the petitioners seek anticipatory bail in case FIR No. 236/2018 under Sections 308/341/506/34 IPG registered at PS Kalyan Puri on the complaint of one Chandni.
2.
In the above noted FIR Chandni alleged that on 26''^ May, 2018 he had gone to the area for begging along with his friends, namely, Simran, Saloni and Ajij and when they reached 18 Block, Kalyan Puri at about 11:00 AM, Ajay @ Mala, Kalu @ Kali Ghata the petitioner in bail application No. 1663/2018, Hari @ Mamta and Babloo @ Gori Ghata, the petitioner in bail application No. 1656/2018 were coming from the opposite side. They started abusing them and said that if they beg in Kalyan Puri and Khichipur area, they shall be killed. When Chandni and her friends restrained them, they attacked them. The allegations are that Babloo @ Ajay Verma picked up a danda from the street and started beating the complainant, when the associate, Simran, tried to save Chandni, Kali Ghata caught hold of her and Babloo gave danda blow on her and when they tried to escape Ajay @ Mala and Hari @ Mamta blocked their way and threw half bricks due to which they sustained injuries.
3.
A perusal of the MLC reveals that Chandni, Simran and Ajij received injuries whereas from the side of the petitioners MFCs of Neetu, Mala, Sonam, Kashish and Hari were prepared which noted abrasions/bruises, injuries being opined to be simple in nature. Further Chandni received one lacerated wound on the left ear and rest of the injuries were in the nature of abrasions/bruises.
4.
Anticipatory bail has already been granted to Hari @ Mamta by this Court vide order dated 9'^ July, 2018. Considering the fact that in the FIR in question there is no mention whatsoever as to how injuries were received by the other side and as co-accused similarly placed has also been granted anticipatory bail, this Court deems it fit to grant anticipatory bail to the petitioners.
5.
It is, therefore, directed that in the event of arrest the petitioners be released on bail on their furnishing a personal bond in the sum of ^25,000/- each with one surety bond each of the like amount, subject to the satisfaction of the Arresting Officer/SHO concerned, further subject to the condition that the petitioners will join the investigation as and when directed by the Investigating Officer and will not leave the country without prior permission of the Court concerned and in case of change of residential address the same will be intimated to the Court concerned by way of an affidavit. 6.
Petitions are disposed of.
7.
Order dasti.
MUKTA GUPTA, J.
AUGUST 28, 2018 'yo'