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HIGH COURT OF DELHI
BAIL APPLN.626/2019
USHA SHARMA Petitioner
Through: Mr. Roopansh Purohit & Mr. R.K. Shokeen,Advocates
Through: Mr. Ashish Dutta, APP with SI Amn,PS:Dabri,Delhi
Ms. Nimmi Sharma, Advocate for respondent No.2
SHIVANKI Petitioner
Through: Mr. Roopansh Purohit & Mr. R.K.Shokeen,Advocates
Through: Mr. Ashish Dutta, APP with SI Amn,PS:Dabri,Delhi
Ms. Nimmi Sharma, Advocate for respondent No.2
04.04.2019
ORDER
1. These are the applications on behalf of the petitioners under Section 438 ofthe Code of Criminal Procedure, 1973 for 2019:DHC:7366 grant ofanticipatory bail.
2. Brieffacts ofthe case are thatthe complainant along with her husband,Bhim Singh, was going towards her house and on the way, her neighbour, Sushil met them and asked the complainant's husband why was he staring at him and said that he is going to teach him a lesson. It is alleged in the complaint that Sushil's daughter, Shivanki, handed over an iron pipe to Sushil and he assaulted Bhim Singh with it. Sushil's wife,Usha and their son, Vipul also came with a danda. Bhim Singh was also assaulted with the danda and was taken to the hospital in an unconscious state, where he was treated and later discharged. His statement could not be reeorded by the Investigating Officer, as he was not fit to give a statement.
3. Status report has been filed.
4. Learned counsel for the petitioners submitted that, as per the status report, upon examination ofthe CCTV footage, Usha Sharma, petitioner in Bail Appn. No.626/2019, though was found at the spot, but was not found to be assaulting anyone and Shivanki, petitioner in Bail Appn. No.627/2019, was not found to be at the spot. Learned APP does not dispute the same.
5. Learned counsel for the petitioners also submitted that the allegations levelled against the petitioners are false and frivolous and they have no role in the offence.
6. Learned APP submitted that the husband/father and the son/brother ofthe petitioners are already in thejudicial custody.
7. Taking into consideration the aforesaid facts, I deem it appropriate that the petitioners have made out a good case for grant ofanticipatory bail.
8. Accordingly, in the event of their arrest, the petitioners shall be released on bail, subject to their furnishing personal bonds in the sum ofRs.20,000/- each, with one surety each of the like amount, to the satisfaction of the SHO/IO and flirther subject to the condition that they shalljoin and cooperate in the investigation and shall not prejudice the investigation, tamper with the evidence or influence the witnesses.
9. The anticipatory bail applications are accordingly disposed of. CHANDEBT^HEKHAR,J APRIL 04,2019 tp