Jaidev Sharma v. State (NCT of Delhi)

Delhi High Court · 28 Apr 2015 · 2015:DHC:10626
S. P. Garg
BAIL APPLN. 354/2015
2015:DHC:10626
criminal appeal_allowed Significant

AI Summary

Anticipatory bail was granted to accused in a case involving allegations of sexual assault and mutual injuries, considering misuse of law and cooperation with investigation.

Full Text
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$21 to 23 HIGH COURT OF DELHI
BAIL APPLN. 354/2015
JAIDEV SHARMA Petitioner
Through: Mr.N.S.Dalal, Advocate with Mr.J.B .Mudgil, Advocate.
VERSUS
STATE (NCT OF DELHI)
Through Respondent Ms.Kusum Dhalla, APP.
Complainant in person with her husband.
SI Seema.
Petitioner Mr.N.S.Dalal, Advocate with Mr.J.B.Mudgil, Advocate.
Respondent Ms.Kusum Dhalla, APP. husband.
SI Seema.
Petitioner Mr.N.S.Dalal, Advocate with Mr.J.B.Mudgil, Advocate.
BAIL APPLN. 372/2015
BRIJESH SHARMA
Through:
VERSUS
STATE (NCT OF DELHI)
Through:
AND
BAIL APPLN. 375/2015
1•
BALA DEVI
Through
VERSUS
STATE (NCT OF DELHI) Respondent
Through: Ms.Kusum Dhalla, APP. husband.
SI Seema.
BAIL APPLN. 35412015 & connected matters.
2015:DHC:10626 /é
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
28.04.2015
ORDER

1. The petitioners seek anticipatory bail in case FIR No.806/14 under Sections 354/354B/323/506/376/34 IPC PS Najafgarh. Status report has been filed and is on record.

2. I have heard the learned counsel for the parties and have examined the file. Admittedly, cross case vide FIR No.804/14 under Sections 354/354B/323/509/34 IPC PS Najafgarh has also been registered on the complaint of the petitioner - Bala Devi. Identical allegations against the complainant and her associates have been levelled therein. Both the parties sustained injuries in the quarrel that ensued when the complainant and her husband were filling pots in the street using building material and it was objected to by the petitioners. Subsequently, in her statement under Section 164 Cr.P.C., the complainant alleged insertion of finger in her private part which led to adding of Section 376 IPC. Status report reveals that the complainant misused the provisions of law. The petitioners have joined the investigation.

3. Considering the peculiar facts and circumstances of the case, the petitioners are granted anticipatory bail and in the event of arrest, they be released on their furnishing personal bond in the sum of 50,000/-, each with one surety in the like amount to the satisfaction of the SHO/Investigating Officer. They shall, however, join the investigation as and when required and shall not extend any threat to the complainant or her witnesses and abjure violence.

4. The bail applications stand disposed of GARG, J. APRIL 28, 2015 / tr