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BAIL APPLN.2467/2021
IMRAN Petitioner
Through: Mr.SumminderPaswan and Mr. Siddharth Gill, Advoeates.
Through: Mr.KK Ghei,APP for the State with SI Akashdeep,PS Amar Colon}^
^HBAIL APPLN.2512/2021 / SAMEER@BHOLA
Through:
Petitioner Mr.Summinder Paswan and Mr. Siddharth Gill, Advocates.
Through: Mr.K K Ghei,APP for the State with SI Akashdeep,PS Amar Colonj^
SALMAN
Through:
Petitioner Mr.Summinder Paswan and Mr. Siddharth Gill,Advocates.
Through: Mr.K K Ghei,APP for the State with SI Akashdeep,PS Amar Colony.
2022:DHC:5964
04.03.2022
ORDER
1. These petitions are filed by the petitioners under Section 438 Cr.P.C. for seeking anticipatory bail in case FIR No. 289/2021 under Sections' 186/353/34IPG registered atPolice Station Amar Colony.
2. In brief the facts ofthe case are that on 17.06.2021, on receiving a secretinformation about wanted Sharukh,police officials'team recached the house of Sharukh and arrested him. It is alleged that when the team was trying to get the accused Sharukh in the car, Sharukh provoked his family members and his family members/petitioners restrained the way of:police team and resisted the arrest of accused Sharukh. It is further alleged that petitioners attacked on the police team by restraining the way and trying to get free the accused person namely Sharukh. It is further alleged that they threatened and abused police team. It is further alleged that during the said scuffle, two police personal namely SI Rajendra Singh and Ct. Vinod got injuries. It is further alleged that when police team along with accused Sharukh reached near Okhla Sabji Mandi, one of his friends namely Faizal putthe barricades in the way and tried to block the public way to getfree the aforesaid accused Sharukh. It is alleged that accused persons obstructed the police official in discharging their official duty and attacked on them to get free the accused persons.
3. It is submitted by learned counsel for petitioners that petitioners have been falsely implicated and the main accused who is their brother, namely, Sharukh has already been released on bail and no useful purpose would be served by sending the petitioners in the judicial custody. It is further submitted that allthe witnesses are poliee officers in this case so there are no chances oftampering with the evidences.
4. Status report has been filed.
5. Learned APP for the State while arguing on the line of the status report submitted that allegations against the petitioners are serious in nature as they have assaulted the police party who had gone to arrest their brother, namely Sharukh.
6. Keeping in view the facts that main accused has already been released and all the witnesses are police officials and there are almost nil chances of tempering with the evidence,therefore,the present petitions are allowed and petitioners,in the event ofarrest,is allowed to be released on bail,subjectto the applicants/petitioners fumishing a personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction ofArresting Officer/SHO eoncemed.However,petitioners shalljoin the investigation as and when called by the 10.
6. The petitions stand disposed ofaccordingly.
RAJNISH BHATNAGAR,J MARCH 4,2022 ?