Ashish v. State (NCT Of Delhi)
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2083/2017 JAIVINDER SINGH .....Petitioner Represented by. Mr. Ankur Sharma, Mr.
Muddassir Daiyyan, Advs.
versus STATE NCT OF DELHI Respondent Represented by. Mr. Amit Gupta, APP with ASI Ramesh Kr., PS Malviya Nagar.
~'+ bail APPLN. 2084/2017 LALIT GULIA Petitioner Represented by: Mr. Ankur Sharma^ Mr.
Muddassir Daiyyan, Advs.
versus STATE NCT OF DELHI Represented by: Mr. Amit Gupta, APP with ASI Ramesh Kr., PS Malviya Nagar.
+ BAIL APPLN. 2137/2017 • ASHISH I Represented by: Mr. Ankur Sharma, Mr.
Muddassir Daiyyan, Advs.
versus STATE (NCT OF DELHI) .
RcprcscntGcibyi NIs. NIcGn^ksni Cn9.u1i3.n5 All with ASI Ramesh Kr., PS Malviya Nagar.
page I of 4 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
o/o 08.02.2018 By these petitions the petitioners seek anticipatory bail in case FIR No. 293/2017 under Sections 308/34 IPG registered at PS Malviya Nagar. Learned APP for the State contends that during the course of investigation in view of the nature of injuries to Niranjan and Deepak Sehrawat Section 307 IPG was added to the FIR. The genesis of the above-noted FIR was a quarrel on 5'^ August, 2017 o at about 10 PM between Dalvinder @ Pappe and Niranjan Sehrawat in presence of Gagan Sehrawat when Niranjan first slapped Dalvinder @ Pappe who in turn slapped Niranjan. It is the case of Dalvinder that after 1.00 AM mid-night when he went to sleep at about 1.
45 AM Niranjan along with his nephew Deepak Sehrawat and other persons entered in his house and started beating him, his brothers Jaivinder, Parvinder and cousin brother Lalit & Ashish. The doctor opined 'simple' on the MLCs of Dalvinder, Parvinder, Jaivinder and Lalit whereas 'Grievous Blunt' to Ashish. On the said complaint FIR No.292/2017 was registered. However, in the process Niranjan and Deepak Sehrawat were also u injured. Niranjan was first taken to the Trauma Centre, AIIMS and Deepak Sehrawat to Batfa Hospital. Niranjan Sehrawat remained unconscious for 20-22 days and had various surgical interventions. Deepak Sehrawat also had various surgical intervention. On the injuries caused to Niranjan and Deepak FIR No.293/2017 under Sections 308/34 IPG was registered wherein Section 307 IPG has been added as noted above.
On being declared fit statement of Deepak Sehrawat was recorded on 7^'' August, 2017 who stated that on intervening night of 5-6 August, 2017 at about 1.00 AM in the night his uncle Niranjan telephonically informed that a quarrel had taken place with Dalvinder @ Pappe. On reaching near Dalvinder @ Pappe's house in his Duster car he met his uncle Niranjan and his friend Lalit. His uncle had sustained injuries on his head. They went inside the door and touched the feet of Pappe's father and started talking to him. In the meantime brother of Pappe started misbehaving with them and a scuffle took place between his uncle and brother of Pappe. The other side o including the females started beating him and his uncle. It is alleged that wife of Pappe hit him on his head.
He fell down and they kept beating him and his uncle saying 'today the story is going to end\ From the statement of Deepak Sehrawat also it is evident that after the quarrel between the Dalvinder and Niranjan took place at 10 PM wherein both slapped each other, Niranjan called Deepak Sehrawat where after they entered the house of the petitioners. As noted above, injuries have been received on both the sides. The place of incident being inside the house of Dalvinder and time being mid-night is not disputed by either side. Undoubtedly, injuries caused to the Niranjan and Deepak Sehrawat are serious in nature, however the fact remains that it was Niranjan, Deepak Sehrawat and Lalit who entered the house of the petitioners where after a scuffle took place and both sides received injuries.
There are three cases already registered against Deepak Sehrawat, which shows the reason Niranjan calling Deepak to assist him.
BAIL APPLNs. 2083/2017, 2084/2017,& 2137/2017
Considering the nature of allegations this Court deems it fit to grant anticipatory bail to the petitioners. It is therefore directed that in the event of arrest the petitioners be released on bail on their furnishing a personal bond in the sum of ^25,000/- each with one surety bond each of the like amount subject to the satisfaction of the Arresting Officer/ SHO concerned with the further condition that the petitioners will not leave the country without the prior permission of the Court concerned and in case of change of residential address the same will be intimated to the Court concerned by way of affidavit.
Petitions are disposed of. Order dasti.
MUKTA GUPTA, J.
FEBRUARY 08, 2018 'ga'