Neeraj Qhoudhary v. State

1. The applicant have filed the present applications seeking baih in respect of FIR No. 61/2019 under Sections 323/341/506/34 read with Section 308 ofthe Indian Penal Code,1860(IPG),registered at P.S. Anand Parbat.

2. The status report has been filed which indicates that on 31.03,2019,a ' PGR call wasreceived regarding a quarrel atPunjabiBasti,Street No.2,near Ambedkar Dharamshala.Subsequently,the FIR in question waslodged.The complainant has peged that he was going to a Chemist Shop at around 01:30 a.m.,when he saw the accused(Shakti Malik and his two associatesthe applicants herein). He has alleged that the said accused persons caught hold ofhim and took him to a dark street, where they beat him up with an ironTod and sticks.

3. The applicants have not been arrested by virtue ofthe order passed by this court granting them interim protection. Goncededly,the applicants have. joined the investigation. The leamed counsel appearing for the applicants also states that the applicants have been fully cooperating with the investigation. The leamed APP also does not dispute the same,except that he states that the accused have not assisted in the recovery ofthe weapons used-in the crime. He also states that although initially, the FIR was in respect of simple hurt, however, the offence under Section 308 ofthe IPG has beeii.added as subsequently, it was found that one ofthe injuries was a grievous one. However,the medical report does not indicate so, it merely O' states thatthe one ofthe injuries seems to be^ grievous.

4. At this stage, it is not necessary to examine the allegations or the alleged motive of the applicants in accosting the complainant. Since the applicants have joined the investigation, this Court considers it apposite to grant bail to the applicants. This is subject to the applicants fiimishing personal bonds in the sum of ?25,000/- each and sureties of equivalent amounts to the satisfaction ofthe SHO/IO,P.S.Anand Parbat.

5. The applicants shall ensure that they are available to the investigating officer(10)at all times and shall,also appear in the Courtas and when called upon to do so. The applicants shall also cooperate with the investigating agencies and shall notleave the National CapitalTerritory ofDelhi,without duly informing the concerned 10. The applicants shall also fumish their current mobile numbers(which will be kept operational at all times)to the 10,in order to enable the 10 to contact them at any time. Needless to state that ifthe aforesaid conditions are not complied with, bail granted to them will be cancelled.

6. Order dastiunder signatures ofthe court master. I • I VIBHU BAKHRU,J AUGUST 27,2019 pkv