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High Court of DelhiBAIL APPLN./1657/2015

Atul Kumar v. State Govt. Of NCT Of Delhi

2015-12-21Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1657/2015 ATUL KUMAR ..... Petitioner Through:

Mr. Gajraj Singh & Ms. Sakshi Sachdeva, Adv.

versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through:

Ms.Alpana Pandey, APP for the State SI Virender Kumar, P.S. Rani Bagh Mr. Gurman Chahal, Adv. for the complainant

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 21.12.2015 The petitioner seeks bail in anticipation of his arrest in connection with FIR No.401/2015 (P.S. Rani Bagh) instituted for offences under Sections 365/342/386/34 of the IPC.

As per the allegation revealed in the FIR, the mother of the complainant was abducted on 26.05.2015. Thereafter father and brother of the complainant were also taken away forcibly by the accused persons after about a day i.e. on 27.05.2015. Ultimately on 29.05.2015, a sale deed was executed with respect to a property standing in the name of father of the informant. The petitioner is one of the vendees of such property. The wife of the petitioner has also filed a case against the father/ brother of the complainant vide FIR No.519/2015 (P.S. Rani Bagh) for

offences under Sections 420/406 of the IPC.

Though the allegation in the FIR is of kidnapping and keeping in confinement the father, brother and mother of the complainant for two days but on a closer scrutiny, the case appears to be of a money dispute. Admittedly, according to the FIR, the complainant participated in an arrangement where money changed hands between the members of a committee. It has been stated in the FIR that the mother of the complainant had taken money but for the some reason or the other, she could not return it on time. Because of the aforesaid monetary dispute, the family of the complainant was being harassed.

Considering the aforesaid fact and taking into account that there is a cross case as well, this Court is inclined to grant anticipatory bail to the petitioner.

Let the petitioner be released on bail on his furnishing a bond in the sum of Rs.10,000/- with two sureties of the like amount to the satisfaction of the arresting officer/SHO of the concerned P.S. The petitioner would be, as in duty bound, required to visit the police station as and when asked for.

The bail application stands disposed of.

ASHUTOSH KUMAR, J DECEMBER 21, 2015 ns