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BAIL AFPLN.1577/2019
SMT.POOJA VERMA Petitioner Represented by; Mr.PankajKumar Dubey,Advocate
Nagar
NARESH VERMA Petitioner Represented by: Mr.PanlcajKumarDubey,Advocate
Nagar
SH.JAGJEET SINGH@JONY Petitioner Represented by: Mr.Mahendra Sharma,Advocate
State
2019:DHC:7321 (a
05.07.2019 Crl.M.A.No.13036/2019 in Bail Appn.No.1614/2019
Allowed subject tojust exceptions.
Bail Appn.Nos. 1577/2019. 1583/2019 & 1614/2019
ORDER
1. By these petitions, the petitioners seek anticipatory bail in case FIR No.360/2018 under Sections 323/341/34 IPG registered at PS Swaroop Nagar. The abovenoted FIR was registered on the complaint of one Smt.Sheela on 7"^ September,2018 wherein she alleged that on the previous day i.e. on 6*September,2018 the three petitioners gave beating to her with legs and fist blows due to which she fell down on the road and received injuries. She was removed to the hospital however as she was in pain, she could not give her statement on that day. Later result of the nature of the injury received to the complainant was received and in view ofthe fact that she had suffered a fracture in the ulna region. Section 308 IPG was added during the course ofinvestigation.
2. Learned counsels for the petitioners submit that on 6* September, 2018,a quarrel took place between the parties who were neighbours and on the complaint of petitioner Pooja Verma, FIR No.359/2018 was also registered under Sections 323/341/34 IPG.
3. A status report has been filed in Bail Application Nos.1577/2019 & 1583/2019 wherein it is stated that efforts were made to make the petitioners join the investigation however they were absconded. On a query put by this BAIL APPLN.1577/2019 tfe conn.matters page2of[3] ( ] Court to the Investigating Officer as to whether any notice ofjoining the investigation was given, the answer is in the negative and he says that he wentto tiace them butcould notfind them asthey had changed the address.
4. Learned counsel for the petitioners states that when the petitioners filed their anticipatoiy bail application before the learned Additional Sessions Judge,the fresh address was mentioned therein which was thus in the notice ofthe Investigating Officer. Investigating Officer fairly states that he made no efforts to join the petitioners for investigation after the address was noted in the anticipatory bail application before the learned Additional Sessions Judge however he had visited the said house before filing ofthe anticipatory bail application.
5. Considering the fact that the complainant Sheela admits that she was given beatings with legs and fistblows and received injuries on falling down on the road, this Court deems it fit to grant anticipatory bail to the petitioners. Itis,therefore,directed thatin the eventofarrest,the petitioners be released on bail on their fumishing a personal bond in the sum of Rs.25,000/- each with one surety bond each of the like amount to the satisfaction of the Arresting Officer/SHO concerned further subject to the condition that they willjoin the investigation as and when directed by the Investigating Officer and in case ofchange ofresidential address,the same will be intimated to the Courtconcerned by way ofan affidavit.
6. Petitions are disposed of.
7. Order dasti.