Afzal & Anr. v. State Govt. of NCT of Delhi

1. By this common order I shall dispose of the aforementioned two bail applications as both the applications have been filed seeking apprehension of arrest in case FIR No.336/2013 under Sections 323/354-A/34 IPC registered at Police Station G.T.B. Enclave. Bail application No. 2063/2013 was filed by Nawab Ali and Zulfeqar Ali, however, during the pendency ofthe bail application Zulfeqar Ali has 2013:DHC:6942 /" died on26^'^ November, 2013.

2. Parties are closely related to each other, inasmuch as, petitioner No. 2-Zulfeqar Ali was married to Kaniz Fatima, who is elder sister of the complainant-Farahana. Petitioner No. 1 Nawab Ali is brother of Zulfiqar Ali whereas petitioners Afzal and Waseem in Bail Application No. 2061/2013 are nephew of Nawab Ali and Zulfeqar Ali. It is alleged that there is litigation between Zulfeqar Ali and his wife Kaniz Fatima and several cases are pending between them. Petitioners and complainant are also relative as complainant is maternal sister ofpetitioners, Nawab Ali and Zulfeqar Ali.

3. On 9^*^ October, 2013 one FIR No. 336/2013 under Sections 324/354-A/34 IPG was registered on the complaint of Farhana wherein she stated that she is practising as an advocate at Karkardooma Court. On 8"^ October, 2013 she had gone along with her family members to Tahir Community Centre for attending a marriage. One boy Nawab and Zulfeqar Ali, who are her relatives, were trying to come near to her. When she came out after dinner Nawab came and told her that she was looking very sexy. When she objected, then his brother Zulfeqar Ali reiterated the same words. She got annoyed and told that as to why they are misbehaving, thereupon Nawab pressed his hand on her chest and told that her dupatta is not looking good. Her elder sister Kaniz called her brother-in-law Bilal Ahmed who asked Nawab and Zulfeqar Ali not to misbehave, thereupon, Nawab slapped Bilal Ahmed and Zulfeqar Ali and Waseem started bearing her brother-in-law, as such, she has prayed action against them. Another complaint was made by Nawab Ali alleging that he had an occasion to attend reception party at Tahirpur Community Centre on 8'^ October, 2013 along with his family where the elder brother's brother-in-law namely Bilal, also came with his wife and two sister-in-law, namely, Kaniz, Fatima and Farhan. Bilal came towards him with two friends and quarrelled at 10:15 p.m. and also gave him beatings. Bilal also attacked upon him with Ustra. He sustained injuries on his chest and hand. His two other friends also gave beatings to him. He ran away from the place of incident and dialled 100 number and informed the police. On his instance, PCR came and took him to GTB hospital where he was provided medical treatment. On the basis of this statement FIR No. 337/2013 under Sections 324/34 IPC was registered at Police Station G.T.B. Enclave.

4. I have heard Mr. Yogesh Swaroop, learned counsel for the petitioners, Mr. N.K. Jha, learned Additional Public Prosecutor appearing for the State and have perused the record.

5. It is submitted by learned counsel for the petitioners that parties are closely related to each other. Litigation between Zulfeqar Ali and his wife Kaniz Fatima is pending. Earlier another sister Rukhsar also lodged a complaint under Sections 354/341/504 IPC against the petitioners, in which they were released on bail. Now this FIR was got registered by another sister of Kaniz Fatima levelling false allegations against the petitioners. In fact, the petitioner Nawab Ali sustained injuries. Although, it is alleged in the statement that Bilal was given beatings and he sustained injuries, but there is no MLC of Bilal. Due to family dispute, this false complaint has beenregistered against the petitioners. Petitioners are ready to join investigation, as such, they be released on bail.

6. In the status report registration of cross FIRs by the parties is not disputed, however, the only plea taken is that the petitioners are not joining investigation.

7. Keeping in view the fact that it is a family dispute and cross FIRs have been registered. Earlier also at the instance of another sister of Kaniz Fatima, a complaint was lodged under Sections 354/341/504 IPG in which accused were released on bail. As such, in the event of arrest petitioners be released on bail on furnishing personal bond in the sum of Rs. 15,000/- each with one surety each in the like amount to the satisfaction of the SHO/Investigating Officer concerned and subject to the following conditions

(i) Petitioners shall join investigation as and when called for by the Investigating Officer.

(ii) Petitioners shall not directly or indirectly make any inducement, threat or promise to the complainant/ family members of the complainant or any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

(iii) Petitioners shall not leave India without the permission of the Court.

(iv) Petitioners shall furnish their addresses as well as their mobile numbers to the Investigating Officer

8. The application is accordingly disposed of. Copy of this order be given dasti under the signature of Court Master.

SUNITA GUPTA, J