Anwar v. State

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1835/2015 ANWAR ..... Petitioner Through:

Mr.Khalil A.Ansari, Advocate.

versus STATE ..... Respondent Through:

Mr.Raghuvinder Varma, APP.

SI Narendra Singh, P.S.Sonia Vihar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 03.11.2015 The petitioner seeks pre arrest bail in connection with FIR No.151/2015 dated 15.03.2015 (P.S.Sonia Vihar) for the offences under Section 307/34 of the IPC and 27 of the Arms Act. The informant/victim has alleged that because of the fact that his younger brother had developed liaison with the sister of one Azam, bad blood had developed between Azam and his associates and the informant. On the day of the occurrence, it is alleged that when the informant was coming back home, he was accosted by four of the accused persons including the petitioner.

On the orders of one Akbar Ali, Azam fired at the informant leading to injuries at his stomach.

The other accused persons are stated to have been arrested whereafter

they were granted bail.

Chargesheet in this case has been submitted.

Learned counsel for the petitioner submits that no active role has been assigned to the petitioner except for his being part of the mob which had intercepted the informant.

The status report affirms the fact that after interim protection was granted to the petitioner, he has since then been participating in the investigation.

Considering the aforesaid facts, the petitioner is directed to be released on his arrest on his furnishing bond in the sum of Rs.10,000/- with one surety of like amount to the satisfaction of the Arresting Officer/SHO of the concerned police station.

It is made clear that the petitioner shall participate in the investigation and would not create any hindrance for the investigating agency. It will be open for the IO of the case or the SHO of the concerned police station to seek cancellation of the bail of the petitioner in case he refuses to participate in the investigation properly.

The application is allowed with the aforesaid observations. Dasti.

ASHUTOSH KUMAR, J NOVEMBER 03, 2015 k