High Court of DelhiBAIL APPLN./2062/2016

Mahesh Kumar v. State (NCT Of Delhi )

2016-10-05Hon'Ble Mr. Justice A.K. Pathak2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2062/2016 & Crl.M.A. Nos.15690/2016 & 15691/2016 MAHESH KUMAR ..... Petitioner Through :

Mr. Joydip Bhattacharya, Adv. with Mr.

Surendera Kumar and Mr.

Mayank Sharma Advs.

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

Ms. Neelam Sharma, APP with SI Hansraj Swami PS Dwarka, North.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.10.2016 Learned counsel for petitioner submits that petitioner is a handicapped person with 50% disability in his right forearm. Petitioner is brother in law of the complainant. There is a property dispute pending in this Court, which has been filed by the daughter of complainant. Petitioner's mother on 12th August, 2016 had made a complaint to SHO PS Dwarka stating therein that complainant and her husband had been harassing her and had also threatened that they will falsely implicate her in false cases. It is submitted that allegation that petitioner tried to pull the saaree of the complainant while riding the bike, is improbable in view of 50% disability in the right hand of petitioner. It is

further submitted that witnesses projected by complainant are interested in the sense that petitioner's sister has lodged a FIR against one of the witnesses and against others, an application under Section 156 (3) Cr.P.C. As a counter blast, present FIR has been lodged.

Keeping in mind the totality of facts and circumstances, it is ordered that in case of arrest, petitioner be released on bail, subject to 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 investigations and shall appear before the Investigating Officer, as and when, he is called upon to do so. Bail application is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

OCTOBER 05, 2016/dk