Alimam v. State Of NCT Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1604/2016 ALIMAM ..... Petitioner Through Mr.B.N. Gaur, Adv.

versus STATE OF NCT DELHI ..... Respondent Through Ms.Manjeet Arya, APP.

Mr.Hari Shankar, Adv. for the complainant.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 09.08.2016 Arguments heard.

The present application has been filed by the petitioner for the grant of anticipatory bail in FIR No.126/2016, under Sections 323/341/308/34 IPC, Police Station Pandav Nagar. As per FIR, the allegations levelled are that the complainant Shehnaz lodged a report to the police that on 12.02.2016 at about 01.00 a.m., the accused/petitioner along with other accused persons, namely, Saida, Kamran and Islam started pelting stones which hit the complainant and her daughter due to which they sustained injuries. On the basis of complaint made to the police FIR was initially registered under Section 323/341/34 IPC and later on penal section 308 IPC was added.

During the course of arguments, it has been submitted by the

learned APP for the State that baby Mantasha received injuries on her head and the doctor found fracture of her right parietal bone. The injuries sustained by the injured are grievous. From the statement of the complainant and the FIR, it is apparent that the complainant has not named any of the accused who caused injuries. The injuries sustained by the injured have not been attributed to any of the accused. The complainant has just mentioned that the petitioner/accused along with co-accused persons started pelting stones which hit them.

In view of the above mentioned facts and circumstances, the petitioner is granted anticipatory bail. It is ordered that in the event of arrest of the petitioner, he shall be released on furnishing the personal bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the arresting officer. The petitioner is directed to join the investigation as and when required. He is further directed not to tamper with the evidence and influence the prosecution witnesses. He is further directed not to leave the country without prior permission of the Court concerned.

The bail application is disposed of accordingly. P.S.TEJI, J AUGUST 09, 2016 dd