Hansraj & ANR v. State

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1218/2017 HANSRAJ & ANR ..... Petitioners Through:

Mr.R.K.Sharma, Mr.Pradeep Dabas & Ms.Dezy Gaur, Advocates versus STATE ..... Respondent Through:

Mr.Kewal Singh Ahuja, APP for the State with Insp.Satya Parkash & HC Manjeet Singh, PS Mundka

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 22.08.2017 1.

By way of this application filed under Section 438 Cr.P.C. the petitioners are seeking anticipatory bail in case FIR No.448/2015, under Section 195-A IPC, registered at PS Mundka.

2.

On 23rd June, 2017 while granting protection to the petitioners following order was passed:

"By way of present application under Section 438 Cr. P.C., applicants seek anticipatory bail in FIR No. 448/2015 under Section 195A IPC with Police Station Mundka. It is pertinent to mention that the present FIR had been registered on the basis of the complaint of Mr. Devender Kumar alleging that on 21st April, 2015, when he was going towards the bus stop, the applicants/accused stopped him and threatened him not to depose before the Court in FIR No. 81/2015 under Sections 302/120-B IPC with Police Station Mundka pending against the son of applicant No.1. It is further alleged in the FIR that the applicants also threatened the wife of the complainant on the next day.

BAIL APPLN. 1218/2017

Learned counsel for the applicants states that the son of the applicant No. 1 has been falsely implicated in case FIR No. 81/2015 to settle previous enmity. He further states that the present FIR is false and frivolous as no such incident ever took place. He also states that the concerned court has already provided protection to the complainant in FIR No. 81/2015. Issue notice.

Mr. G.M. Farooqui, APP accepts notice on behalf of State. He prays for and is permitted to file a status report within two weeks. List on 19th July, 2017 before regular roster bench. Till further orders, the applicants shall not be arrested in FIR No. 448/2015 under Section 195A with Police Station Mundka.

Order dasti."

3.

Status report has been filed by the State, as per which both the petitioners have joined investigation. It is also informed that the complainant and his wife both have been examined by the learned Trial Court as prosecution witnesses.

4.

In the facts and circumstances, in the event of their arrest they shall be released on bail on their furnishing personal bond in the sum of ₹50,000/- with one surety each of the like amount to the satisfaction of concerned IO/SHO.

5.

Petitioners are directed to join the investigation as and when required by the Investigating Officer.

6.

Bail application is allowed.

Order dasti.

PRATIBHA RANI, J.

AUGUST 22, 2017 'hkaur'

BAIL APPLN. 1218/2017