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$-11 & 12 HIGH COURT OF DELHI
BAIL APPLN.3076/2019
SMT.ILASHMI Petitioner
Through Mr.Arun Kumar Sharma and Mr. Ankit Aggarwal,Advs.
BAIL APPLN.3076/2019
SMT.ILASHMI Petitioner
Through Mr.Arun Kumar Sharma and Mr. Ankit Aggarwal,Advs.
VERSUS
/ STATE
Through
Through
BAIL APPLN.3087/2019
SMT.PINKY
Through Respondent Mr.Amit Chadha,APP for State. ..... Petitioner
Mr.Arun Kumar Sharma and Mr. Ankit Aggarwal,Advs.
STATE
SMT.PINKY
Through Respondent Mr.Amit Chadha,APP for State. ..... Petitioner
Mr.Arun Kumar Sharma and Mr. Ankit Aggarwal,Advs.
STATE
VERSUS
Respondent
Through Mr.Amit Chadha,APP for State.
Through Mr.Amit Chadha,APP for State.
CORAM:
HON'BLE MR.JUSTICE SURESH KUMAR KAIT
07.02.2020 Vide the present petitions, the petitioners seek anticipatory bail in the event of their arrest in FIR No. 530/2019 registered at Police Station -
B.H.D.Nagarfor offences punishable under Sections 308/323/34IPG.
As per complaint of Ramesh (complainant) which has been culminated into FIR mentioned above wherein it is stated that on
08.10.2019, he was feeding food to cows in his field where his brother, Raghuvinder was cultivating field with the tractor of Kamal who was
2020:DHC:3865 standing in the field. On the same day at 6:00 pm,complainant ran towards
Raghuvinder and tried to stop him as he was cultivating in his field but
Raghuvinder started quarrelling with him and said that area ofthe field in which he was cultivating belong to him. Wife ofthe complainant, Pritam
Kaur, was also present there and meantime his son Devender and Govind also came there. Thereafter, an altercation took place following which
Raghuvinder made a phone call and called his sons Nitin and Deepak,who after coming there started heatingthem.Nitin broughtan axe(Kulhadi)with him and attacked on the head ofcomplainantfrom behind.Raghuvinder and petitioners herein were pelting stones consequently,son ofthe complainant
Devender suffered injury while saving complainant and seeing his father's bad condition, he took him to RTR Hospital in a car and on their way to hospital, son of the complainant made a phone call on 100 and informed police about the incident. They both were treated at RTR Hospital and after treatment,they wentto police station on the same day.
Case ofpetitioner is that ifson ofthe complainant was hit by stones and suffered an injury, it is not possible for him to drive car and took the complainant to hospital. Falsity of the allegations is evident from the fact that complainant and his son were having mobile phones at the spot of incident, but no call was made to the police by them and son of the complainant allegedly made phone call to the police while he was taking the complainant to hospital, this clearly shows that whole story is false and frivolous.
Learned APP has opposed the present application and submits that petitioners pelted stone on the son of complainant thereby caused injury, though it is simple in nature. He fairly conceded that out offive accused three aecused have already been released on bail and ehargesheet is at advanee stage for filing in Court.
Keeping in view the faetthatfive eo-aecused are on bail,this Courtis ofthe eonsidered view that petitioners being women,present case is fit for anticipatory bail.
Accordingly, The SHO/ Arresting Officer/IO concerned, is hereby directed that in the event ofarrest, the petitioner/ applicant be released on bail on the following terms and conditions;-
(i)Petitioners shall furnish a personal bond in the sum of?10,000/- each with one surety in the like amount subject to the satisfaction of
Arresting Officer/SIIO/IO concerned;
(ii) Petitioners shall cooperate with the investigation and make themselves available for interrogation by police officer, as and when required;
In case ofdefault ofaforementioned conditions,the State is at liberty to take appropriate recourse in accordance with law.
Before parting with the order, it is relevant to mention that nothing contained in this order shall be construed as an expression on the merits of the ease.
Applications stand allowed and disposed of.
FEBRUARY 07,2020 SURESH KUMAR KAIT,J ms
07.02.2020 Vide the present petitions, the petitioners seek anticipatory bail in the event of their arrest in FIR No. 530/2019 registered at Police Station -
B.H.D.Nagarfor offences punishable under Sections 308/323/34IPG.
As per complaint of Ramesh (complainant) which has been culminated into FIR mentioned above wherein it is stated that on
08.10.2019, he was feeding food to cows in his field where his brother, Raghuvinder was cultivating field with the tractor of Kamal who was
2020:DHC:3865 standing in the field. On the same day at 6:00 pm,complainant ran towards
Raghuvinder and tried to stop him as he was cultivating in his field but
Raghuvinder started quarrelling with him and said that area ofthe field in which he was cultivating belong to him. Wife ofthe complainant, Pritam
Kaur, was also present there and meantime his son Devender and Govind also came there. Thereafter, an altercation took place following which
Raghuvinder made a phone call and called his sons Nitin and Deepak,who after coming there started heatingthem.Nitin broughtan axe(Kulhadi)with him and attacked on the head ofcomplainantfrom behind.Raghuvinder and petitioners herein were pelting stones consequently,son ofthe complainant
Devender suffered injury while saving complainant and seeing his father's bad condition, he took him to RTR Hospital in a car and on their way to hospital, son of the complainant made a phone call on 100 and informed police about the incident. They both were treated at RTR Hospital and after treatment,they wentto police station on the same day.
Case ofpetitioner is that ifson ofthe complainant was hit by stones and suffered an injury, it is not possible for him to drive car and took the complainant to hospital. Falsity of the allegations is evident from the fact that complainant and his son were having mobile phones at the spot of incident, but no call was made to the police by them and son of the complainant allegedly made phone call to the police while he was taking the complainant to hospital, this clearly shows that whole story is false and frivolous.
Learned APP has opposed the present application and submits that petitioners pelted stone on the son of complainant thereby caused injury, though it is simple in nature. He fairly conceded that out offive accused three aecused have already been released on bail and ehargesheet is at advanee stage for filing in Court.
Keeping in view the faetthatfive eo-aecused are on bail,this Courtis ofthe eonsidered view that petitioners being women,present case is fit for anticipatory bail.
Accordingly, The SHO/ Arresting Officer/IO concerned, is hereby directed that in the event ofarrest, the petitioner/ applicant be released on bail on the following terms and conditions;-
(i)Petitioners shall furnish a personal bond in the sum of?10,000/- each with one surety in the like amount subject to the satisfaction of
Arresting Officer/SIIO/IO concerned;
(ii) Petitioners shall cooperate with the investigation and make themselves available for interrogation by police officer, as and when required;
In case ofdefault ofaforementioned conditions,the State is at liberty to take appropriate recourse in accordance with law.
Before parting with the order, it is relevant to mention that nothing contained in this order shall be construed as an expression on the merits of the ease.
Applications stand allowed and disposed of.
FEBRUARY 07,2020 SURESH KUMAR KAIT,J ms
JUDGMENT