Bishamber v. State (NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2393/2016 BISHAMBER ..... Petitioner Through Mr.Dushyant Chaudhary, Adv.

versus STATE (NCT OF DELHI) ..... Respondent Through Mr.Ashish Dutta, APP with Insp.

Sanjeev Kumar, SHO and SI Pawan, PS Harsh Vihar.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 19.12.2016 The present application has been filed under Section 438 read with Section 482 Cr.P.C. for the grant of anticipatory bail in FIR No.339/2016, under Section 308/34 IPC, Police Station Harsh Vihar. As per FIR, the allegations levelled are that when the complainant Shahrukh was going on his motorcycle, he observed that service road was blocked due to some construction work.

Complainant turned his bike back and he was attacked by the petitioner/accused and his associates.

It was alleged that the petitioner attacked the complainant with a sharp weapon on his head due to which he sustained multiple injuries.

The matter came up for hearing on 22.11.2016 and it was adjourned to 06.12.2016 on the request of the learned APP for the State on the ground that opinion on the MLC of the injured was not

given.

In the meanwhile, arrest of the petitioner was stayed. On 06.12.2016, the matter was adjourned for today i.e. 19.12.2016. An interim protection was granted to the petitioner and he was directed to join the investigation as and when required. The petitioner was also directed not to tamper with the evidence and not to leave the country without prior permission.

It has been submitted by the learned APP for the State that the petitioner has joined the investigation.

In the above mentioned facts and circumstances, the petitioner is granted anticipatory bail. It is hereby ordered that in the event of his arrest, he 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 directed. He is also 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 present bail application is disposed of accordingly. P.S.TEJI, J DECEMBER 19, 2016 dd