Bhuvnesh Sharma v. The State (NCT Of Delhi)

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2000/2016 BHUVNESH SHARMA ..... Petitioner Through :

Mr. J. K. Sharrma and Mr. Deepak Chauhan, Advs.

versus THE STATE (NCT OF DELHI) ..... Respondent Through :

Ms. Neelam Sharma, APP with SI Virender PS Vijay Vihar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.09.2016 Learned counsel for petitioner submits that FIR has been registered after four months of the incident. Immediately, after the incident, the complainant did not make any statement before the Investigating Officer. After five months, he has alleged that on 15th May, 2016 when he asked the petitioner to return the money, he became furious and started abusing him. Petitioner's friend Sanjay (co-accused) came there and removed `15,000/- from his pocket forcibly while petitioner caught hold of his hands. Though, complainant has alleged that knife blow was given but as per the MLC, there was fracture in the hand of complainant. Complainant had issued a legal notice to petitioner on 27th June, 2016 wherein no reference of the present

incident has been made.

Learned additional public prosecutor submits that complainant did not make any statement immediately after the incident as talks of settlement were going on between him and the petitioner. Earlier injuries were opined simple but later on second opinion was sought and injury has been opined as grievous.

Keeping in mind the totality of facts and circumstances, it is ordered that in case of arrest, petitioner be released on bail upon his furnishing a personal bond in the sum of `20,000/- (Rupees Twenty Thousand Only) with one surety of the like amount to the satisfaction of Arresting Officer/Investigating Officer/SHO concerned.

Petitioner shall, however co-operate in the investigation and appear before the Investigating Officer as and when he is called upon to do so.

Bail application is disposed of in the above terms. A.K. PATHAK, J.

SEPTEMBER 28, 2016/dk