Ramesh Rana v. State & ORS

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1357/2015 RAMESH RANA ..... Petitioner Through:

Mr.Rajat Wadhwa and Mr.Amritansh Batheja, Advs.

versus STATE & ORS ..... Respondent Through:

Ms. Alpana Pandey, APP for the State with SI Satish Kumar Pandey

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 27.08.2015 The petitioner seeks bail in FIR No.709/2013 (P.S. Narela), dated 15.10.2013, instituted under Sections 420, 441 and 120B of the IPC. He is alleged to have made an attempt at breaking the lock of the house of the complainant.

Learned counsel for the petitioner submits that there is a counter claim to the property and the dispute is basically of civil nature. He further submits, with reference to the averments made in the FIR, that the offence remained inchoate. There is only an attempt to break open the lock. Admittedly, after some time when the police and neighbours came, the petitioner is said to have run away from the place of occurrence.

Status report reveals that an enquiry was made with respect to genuineness

of the documents of the complainant. Prima facie, the documents offered by the complainant appeared to be genuine.

In any view of the matter, since the dispute is with respect to the possession/ownership/title of the house in question, no useful purpose would be served in sending the petitioner to the jail. The interim protection granted to the petitioner by order dated 13.7.2015 is hereby made absolute on the same terms and conditions. The petitioner shall remain on bail on the same bail bonds.

With these observations, the application is disposed of. ASHUTOSH KUMAR, J AUGUST 27, 2015 ns