Deepak Kumar v. The State

1. By way ofthese petitions,filed under Section 438 Cr.P.C, petitioners are seeking anticipatory bail in case FIR No. 592/2020 under Sections 308/34 IPC registered at P.S.Alipur. 2022:DHC:5957 f o

2. In bnef,the facts ofthe case are thaton llAi.iOlO a PGR Call was~ made and thesame was recorded v.de DD No.3-A. It wasinformed that "heavy quarrel at RG Farmhouse"took place,and thesame was marked to HC Jaswant for necessao- act.on. Dunng enquiry, h was found that the marriage ceremony ofMs.Anchal,daughter ofRaj Kishore was scheduled atRGFarmhouseon21.12.2020.Theguestsfromthebride'ssidereachedat the marriage garden at about 7:30 PM but unfimlnately'the guests from Groom's side became late to reach there. It is liirther alleged that petitioners/accused Rajesh Sharma and Yogesh Aggarwalare the owners of the said maiTiage garden and accused Deepak is the Manager ofthe said marriage garden. It is further alleged that one Rajender was the catering service provider at the marriage function.It is further alleged that accused Rajender told the owners that ifthe catering staff had to work after 12 at night then they would charge double payment for overtime. The present applicants accused Rajesh Sharma and Yogesh being the owners of the marriage garden told the accused Rajender that they would not pay any single penny for overtime.It is further alleged that accused Rajesh Sharma and Yogesh asked the catering service provider to stop the catering service after 12 in the night,and they also directed the catering service provider to go to any extant, if the host Mr. Raj Kishore forced them to continue the catering service. It is further alleged that accused Rajesh Sharma and Yogesh Aggarwal assured the catering service provider that their security guards/Bouncers would help them in any exigency. It is further alleged that after getting support from the owners the catering service provider Mr. Rajender stopped the service offood at about 12 in the night. It is further alleged that bride's father Mr. Raj Kishore requested the catering service provider to continue the catering service as some ofthe guests had not had theirdinnerbutthecateringserviceprovider Mr.Rajender,did notpay any heed to their requests and made a silly excuse before Mr.RajKishore that the farmhouse owner had not cleared their dues therefore they would not continue the catering service at the function anymore. Mr.RajKishore told them that it was not his fault as he had already paid the entire booking amount to the farmhouse owners, and hence requested to continue the catering service. It is alleged that on this Rajender became angry and he along with his associates started beating Mr.Raj Kishore and his relatives O with heavy metallictumers(Palta)and sticks,and asaresultofwhich Mr. RajKishoreand two otherguests were gotadmitted to Max Hospital.

3. It IS submitted by the counsel for the petitioners that petitioners had no role to play in the entire incident as they had already left the marriage farm house at about 10.00PM.Itis furthersubmitted by him thatpetitioners have joined the investigation as and when called by the 10. It is further submitted that only role assigned to the petitioners is thatthey had asked the caterer to stop serving the food after 12.00 PM.He further submitted that if there is any dispute with regard to the payment or non-payment that is Q between the caterer and the petitioners, and at no point oftime this could have been a result of the fight as alleged by the prosecution. He further submitted that no custodial interrogation of the petitioners is required in these cases.

4. Status report has been filed by the State.

5. Learned APP has argued on the lines of the status report. It is submitted by the learned APP that the allegations against the petitioners are grave and serious in nature. The petitioners Rajesh Sharma and Yogesh are C o (0 the owners of the said farm house and the entire responsibility of keeping peace at the time ofthe marriage lies upon them. It is further submitted that the Deepak is the Manager ofthe farm house and he is also responsible that the marriage should be taken place in a peaceful atmosphere rather they left the place after instructing caterers not to serve the food after 12 midnight.So they are definitely liable for the incident which took place in the said farm house.

6. 1 have perused the status report.

7. In the instant case,the allegations against the petitioners are that they 0 are the owners as well as the Manager ofthe farm house, in which on the fateful day the marriage ceremony of the daughter Raj Kishore was held. There is nothing on record to show that at any point of time they were present at the spot or they asked any employee to take up a fight in case somebody asked for serving dinner beyond a particular point of time. The petitioners havejoined the investigation,and nothing is to berecovered from them. Therefore, in these circumstances, in the event of arrest, petitioners be admitted to bail on their fumishing a personal bond in the sum of Rs.20,000/- each with one surety each in the like amount,to the satisfaction of Arresting Officer/SHO/trial court concerned. However,they shall join the investigation a and when required by the 10.

8. The applications stand disposed ofaccordingly.

9. Nothing stated hereinabove shall tantamountto the expression ofany opinion on the merits ofthe case. RAJNI^BHATNAGAR,J