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BAIL APPLN.762/2019
DHARAMVEER SINGH
Through:
Petitioner Mr Sunil Mittal, Sr. Advocate with
Ms Seema Seth and Mr Dhmv Grover,Advocates.
STATE
Through: Ms Kusum Dhalla,AFP for State.
Insp.RajPal,ASI padam Singh,PS Nihal Vihar.
Mr Atul Kumar, Advocate for complainant alongwith complainant in person.
AMIT SINGH(5)THADA SINGH Petitioner
Through: Mr Sunil Mittal, Sr. Advocate with Ms Seema Seth and Mr Dhmv
Grover,Advocates.
STATE
Respondent Ms Kusum Dhalla,APP for State.
Insp. Raj Pal, ASI padam Singh, PS Nihal Vihar.
Mr Atul Kumar, Advocate for complainant alongwith complainant in person.
2019:DHC:7295
28.08.2019
ORDER
1. The petitioners have filed the present applicaitons, inter alia, praying that anticipatory bail.in connection with FIR No.0783 registered under Sections 308/323/34 of the Indian Penal Code, 1860 (IPG) at PS Nihal Vihar. The FIR in question was registered at the instance of one Mr Netrapal Singh, wherein he had alleged that he had joined a Committee (apparently, an informal chit fund), which matured on 10.10.2018. He alleged that he had,thereafter, demanded the money which was due to him. However,the petitioner did not pay the said amount and kept oh avoiding making any payment on one pretext or the other! He further alleged that he was called by Dharamveer (Applicant in BAIL APPLN. 762/2019) to his Dairy on 04.12.2018 and when he went there, he was beaten up with sticks by Dharamveer and other persons. On being assaulted,the complainant had raised an alarm and his family members hadjoined in to rescue him. He has also alleged that his family members that had come to the site were also beaten up.
2. On the other hand, Dharamveer claims that certain monies were due to him, which were returned by a cheque on 03.12.2018. Nonetheless, on the next date,Netrapal Singh along with certain other members had come to the petitioner's dairy and started fighting. The petitioner also claims to have suffered injuries in the said incident. According to the petitioner,he had to undergo a knee surgery as aresult ofthe injuries suffered.
3. Atthis stage,this Courtis notrequired to evaluate the evidence in any detail,butit does appearthatboth the parties had suffered injuries.
4. The petitioners had moved the present applications on 27.03.2019 and this Court had directed that no coercive action be taken against the petitioners, subject to their joining the investigation. The learned APP confirms, on instructions of the 10, that the petitioners have joined the investigation.
5. In view of the above, the petitioners are admitted to bail. This is subject to the petitioners fumishing personal bonds in the sum of^25,000/and one surety each of the equivalent amount to the satisfaction of the concerned trial court. In addition,the petitioners shall ensure that they will not threaten or try to contact the complainant or his family members. The petitioners shall also not leave the territory of Delhi/NCR, without the permission ofthe concerned court. In addition,the petitioners shall provide the 10 their mobile numbers,which shall be kept in operation at all times so that the lO can reach the petitioners at any time. The petitioners shall also ensure that they shall appear before the concerned court as and when called upon to do so. The petitioner shall also fully cooperate in the investigation-.
6. Needless to state that if any ofthe conditions are not complied with, the bail granted to the petitioners shall be cancelled.
7. Order dasti under signatures ofthe Court Master.
VIBHU BAKHRU,J AUGUST 28,2019 MK