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High Court of DelhiBAIL APPLN./2267/2017

Farad @ Rehan & ORS v. The State Govt Of NCT Of Delhi

2018-07-31Hon'Ble Ms. Justice Mukta Gupta2 pages

9# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2267/2017 FARAD @ REHAN & ORS ..... Petitioners Represented by:

Mr. M.R. Singh Sisodia, Advocate.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Represented by:

Ms. Rajni Gupta, APP for State with ASI Shyamlal, PS Sangam Vihar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 31.07.2018 1.

By this petition the petitioners seek bail in case FIR No. 462/2017 under Sections 452/323/354/354B/34 IPC registered at PS Sangam Vihar. 2.

In the complaint the prosecutrix alleged that the petitioners Farad @ Rehan, Anil, Irshad, Rafiq, Rashid and Tauheed Ahmad entered her house and beat her brother Radhey Shyam. When she and her mother intervened they dragged them towards their house by catching hold of their hair and touch inappropriately and tore their clothes. 3.

In her statement the complainant did not say specifically as to who tore her clothes. Further the complaint was lodged after ten days of the incident and not immediately thereafter.

4.

Though the complaint of the complainant is that injuries were received by her and her mother, however, as per the MLC no injuries are found and the opinion given is 'simple blunt' in view of the complaint. BAIL APPLN. 2267/2017

5.

Considering the facts noted above and that the charge sheet has already been filed against the petitioners who are no more required for investigation, 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 each of the like amount, subject to the satisfaction of the arresting officer/SHO concerned, further subject to the condition that in case of change of residential address the petitioners will intimate the same to the learned Trial Court by way of an affidavit. 6.

Petition is disposed of.

7.

Order dasti.

MUKTA GUPTA, J.

JULY 31, 2018 'vn'

BAIL APPLN. 2267/2017