Ravi v. The State ( NCT Of Delhi) & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2260/2015 RAVI ..... Petitioner Through Mr.R.C. Tiwari & Ms.Suman Sharma, Advs.
versus THE STATE ( NCT OF DELHI) & ORS ..... Respondent Through Ms. Rajni Gupta, APP for the State.
SI Manoj Singh HC Deshraj PS Mehrauli.
Ms.Renu Gautam Sharma, Adv. for complainant.
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R
% 04.01.2016 The petitioner seeks anticipatory bail in connection with FIR No.2457/2015 (PS Mehrauli). The aforesaid case was initially instituted for the offence under Sections 324/34 of the IPC, but, after the nature of injury suffered by Rahul, the victim, was found to be grievous, Section 326 of the IPC was added.
The injured had intervened when the petitioner was fighting with his father. It is alleged that the petitioner brought a wooden stick and assaulted the injured on his mandibles leading to injuries. A sharp weapon was also used for inflicting cut injuries on the ears of the victim. One of the co-accused, it has been submitted, has been granted
anticipatory bail by the Court below.
Ms.Rajni Gupta, APP, opposed the prayer for anticipatory bail of the petitioner on the ground that the injuries suffered by Rahul, the victim, is grievous.
Considering the nature of accusation, lack of requisite intention of the petitioner to hurt the injured as the anger was only directed towards his father with whom he was fighting, as also taking into account the fact that he has joined the investigation, this Court is inclined to grant anticipatory bail to the petitioner.
The petitioner shall be released on bail, in the event of his arrest, 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 police station.
However, it is made clear that if the petitioner misuses the liberty granted to him, it would be open for the complainant or the investigating officer to seek cancellation of the bail granted to the petitioner. The petitioner shall furnish his telephone number and shall keep it operational. This is for the purposes of interrogating the petitioner during the course of investigation.
Application is allowed and disposed of accordingly. Dasti.
ASHUTOSH KUMAR, J JANUARY 04, 2016 ab