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$-3 HIGH COURT OF DELHI
BAIL APPLN.886/2018 & Crl.M.IBail)645/2018.Crl. M.A.
9642/2018 DEVENDER SINGE[@JODHA Petitioner
Through: Mr.Mohit Mathur,Sr. Adv.with Ms.ManishaParmar,Mr.Kapil
Chaudhary,Advs.
BAIL APPLN.886/2018 & Crl.M.IBail)645/2018.Crl. M.A.
9642/2018 DEVENDER SINGE[@JODHA Petitioner
Through: Mr.Mohit Mathur,Sr. Adv.with Ms.ManishaParmar,Mr.Kapil
Chaudhary,Advs.
VERSUS
STATE NCT OF DELHI
Through:
Respondent Mr. Amit Ahlawat, APP for State with SI Bhagwatin FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS - Gazipur
Through:
Respondent Mr. Amit Ahlawat, APP for State with SI Bhagwatin FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS - Gazipur
BAIL APPLN.1015/2018 & Crl.MTBain 733/2018.CrI.M.As.
8439/2018,9641/2018 SUBENDER SINGH@SUBE Petitioner
Through: Mr.Mohit Mathur,Sr. Adv.with Ms.Manisha Parmar,Mr.Kapil
Chaudhary,Advs.
8439/2018,9641/2018 SUBENDER SINGH@SUBE Petitioner
Through: Mr.Mohit Mathur,Sr. Adv.with Ms.Manisha Parmar,Mr.Kapil
Chaudhary,Advs.
VERSUS
STATE NCT OF DELHI
Through:
Through:
BAIL APPLN.1830/2018
MANISH
Through:
MANISH
Through:
VERSUS
Respondent Mr. Amit Ahlawat, APP for State with SI Bhagwatin FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS-Gazipur Petitioner Mr.Mohit Mathur,Sr. Adv.with
Ms.Manisha Parmar,Mr.Kapil Chaudhary,Advs.
Ms.Manisha Parmar,Mr.Kapil Chaudhary,Advs.
BAIL APPLN.886/2018 and connected matters Page I of6
2018:DHC:8434 STATE NCT OF DELHI
Through:
2018:DHC:8434 STATE NCT OF DELHI
Through:
BAIL APPLN.1837/2018
MADANLAL
Through:
MADANLAL
Through:
VERSUS
STATE NCT OF DELHI
Through:
Through:
BAIL APPLN.1868/2018
RAJESH
Through:
RAJESH
Through:
VERSUS
Respondent Mr. Amit Ahlawat, APP for State with SI Bhagwatin FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS - Gazipur Petitioner Mr.Mohit Mathur,Sr. Adv.with
Ms.ManishaParmar,Mr.Kapil Chaudhary,Advs. Respondent
Mr. Amit Ahlawat, APP for State with SI Bhagwatin FIR No.114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS - Gazipur Petitioner Mr.Kapil Singhal,Adv.
THE STATE(NCT OF DELHI) Respondent
Through: Mr. Amit Ahlawat, APP for State with SI Bhagwat in FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS - Gazipur
Ms.ManishaParmar,Mr.Kapil Chaudhary,Advs. Respondent
Mr. Amit Ahlawat, APP for State with SI Bhagwatin FIR No.114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS - Gazipur Petitioner Mr.Kapil Singhal,Adv.
THE STATE(NCT OF DELHI) Respondent
Through: Mr. Amit Ahlawat, APP for State with SI Bhagwat in FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS - Gazipur
BAIL APPLN.1928/2018
RAN PAL SINGH BHATI Petitioner
Through: Mr.Kapil Singhal,Adv.
RAN PAL SINGH BHATI Petitioner
Through: Mr.Kapil Singhal,Adv.
VERSUS
THE STATE(NCT OF DELHI)
Through: Mr
Through: Mr
BAIL APPLN.886/2018 and connected matters
Respondent Amit Ahlawat, APP for State with SI Bhagwatin FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS-Gazipur Page2of6 2018:DHC:8434
Respondent Amit Ahlawat, APP for State with SI Bhagwatin FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS-Gazipur Page2of6 2018:DHC:8434
BAIL APPLN.1939/2018
AJAYPAL Petitioner
Through: Mr.Kapil Singhal,Adv.
AJAYPAL Petitioner
Through: Mr.Kapil Singhal,Adv.
VERSUS
THE STATE(NCT OFDELHI) Respondent
Through: Mr. Amit Ahlawat, APP for State with SI Bhagwatin FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS-Gazipur
Through: Mr. Amit Ahlawat, APP for State with SI Bhagwatin FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS-Gazipur
BAIL APPLN.1940/2018
RAVIPAL Petitioner
Through: Mr.Kapil Singhal,Adv.
RAVIPAL Petitioner
Through: Mr.Kapil Singhal,Adv.
VERSUS
THE STATE(NCT OFDELHI) Respondent
Through: Mr. Amit Ahlawat, APP for State with SI Bhagwat in FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS - Gazipur
Through: Mr. Amit Ahlawat, APP for State with SI Bhagwat in FIR No. 114/2018 and SI Mousam Ghani in FIR NO. 115/2018,PS - Gazipur
CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
05.10.2018 The involvement ofthe petitioners in this batch ofbail applications in the crime which is subject matter ofinvestigation ofcase FIR No.115/2018, PS Ghazipur, has been alleged for the offences punishable under Sections
308/34IPG. It appears thatthe police during the course ofinvestigation has added the offences under Sections 147,148,149IPG to the case.
The incident in which the said offences were committed appears to
BAIL APPLN.886/2018andconnected matters Page3of6
2018:DHC:8434 r have taken place in the morning hours of29.03.2018 at or around 7:00 AM.
It is the allegation of the first informant - Gulab Singh that while he alongwith his associates were present at their milk dairy situate in Ghazipur
Dairy Farm, Delhi, the petitioners had come there extending threats to the workers and thereafter beat up the first informant and his associates with wooden sticks.
The petitioners, however, rely on allegations in the cross FIR NO. 114/2018, registered prior to this FIR by the same Police Station involving offences punishable under Sections 323/307/506/34 IPG. According to the said cross FIR,registered at the instance of petitioner-Devender Singh @
Jodha, he was present at his milk dairy at Ghazipur Dairy Farm,Delhi with his associates when the opposite party,represented by the first informant of
FIR No. 115/2018 had come there and assaulted the petitioner- Devender
Singh @ Jodha and others from his side. In the process, Sakir from the opposite group, with the arm carried by him,fired at the right temple ofthe petitioner - Devender Singh @ Jodha, this injuring him, his associates
Rashid and Salman, also having shot with the fire arms carried by them but the same mercifully not hitting him. Some other persons on the side ofthe petitioners were also injured in the quarrel. The fact that Devender Singh@
Jodha suffered fire arm injury on the right temple, the bullet having exited from the right side neck is confirmed by the discharge summary issued by
Kailash Hospital where he wastaken for treatment.
It is the admitted case ofthe prosecution that all the persons named as the assailants by the petitioners in the cross FIR No. 114/2018 were arrested
05.10.2018 The involvement ofthe petitioners in this batch ofbail applications in the crime which is subject matter ofinvestigation ofcase FIR No.115/2018, PS Ghazipur, has been alleged for the offences punishable under Sections
308/34IPG. It appears thatthe police during the course ofinvestigation has added the offences under Sections 147,148,149IPG to the case.
The incident in which the said offences were committed appears to
BAIL APPLN.886/2018andconnected matters Page3of6
2018:DHC:8434 r have taken place in the morning hours of29.03.2018 at or around 7:00 AM.
It is the allegation of the first informant - Gulab Singh that while he alongwith his associates were present at their milk dairy situate in Ghazipur
Dairy Farm, Delhi, the petitioners had come there extending threats to the workers and thereafter beat up the first informant and his associates with wooden sticks.
The petitioners, however, rely on allegations in the cross FIR NO. 114/2018, registered prior to this FIR by the same Police Station involving offences punishable under Sections 323/307/506/34 IPG. According to the said cross FIR,registered at the instance of petitioner-Devender Singh @
Jodha, he was present at his milk dairy at Ghazipur Dairy Farm,Delhi with his associates when the opposite party,represented by the first informant of
FIR No. 115/2018 had come there and assaulted the petitioner- Devender
Singh @ Jodha and others from his side. In the process, Sakir from the opposite group, with the arm carried by him,fired at the right temple ofthe petitioner - Devender Singh @ Jodha, this injuring him, his associates
Rashid and Salman, also having shot with the fire arms carried by them but the same mercifully not hitting him. Some other persons on the side ofthe petitioners were also injured in the quarrel. The fact that Devender Singh@
Jodha suffered fire arm injury on the right temple, the bullet having exited from the right side neck is confirmed by the discharge summary issued by
Kailash Hospital where he wastaken for treatment.
It is the admitted case ofthe prosecution that all the persons named as the assailants by the petitioners in the cross FIR No. 114/2018 were arrested
BAIL APPLN.886/2018 and connected matters Page4of6
2018:DHC:8434 but later released on bail.
In the given facts and circumstances,the plea that the petitioners may have acted in self-defence cannot be brushed aside. Thus,the petitions are allowed.Itis directed thatin eventofpetitioners,namely Devender Singh@
Jodha,Subender Singh@Sube,Manish,Madan Lai,Rajesh,Ran Pal Singh
Bhati,AjayPal and RaviPal being arrested,they shall be released on bail by the arresting officer on furnishing personal bonds in the sum ofRs.20,000/- each with one surety in the like amount subject to the following further conditions
(i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so;
(ii) The petitioners shall not come in contact with or try to influence any ofthe witnesses connected to the case;
(iii) Prior to his release, they shall give the telephone numbers of selfand ofat least one other responsible family member besides that ofthe surety to the investigating officer;
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the
Court or to any police officer or tamper with the evidence.
This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the
BAIL APPLN.886/2018andconnected matters Page5of6
.>N \ 2018:DHC:8434 investigation and process being issued against them by the court of cognizance.
The petitions and the accompanying applications stand disposed ofin above terms.
Dasti.
:k.g A' OCTOBER 05,2018 m BAIL APPLN.886/2018and connected matters Page6of6
2018:DHC:8434
2018:DHC:8434 but later released on bail.
In the given facts and circumstances,the plea that the petitioners may have acted in self-defence cannot be brushed aside. Thus,the petitions are allowed.Itis directed thatin eventofpetitioners,namely Devender Singh@
Jodha,Subender Singh@Sube,Manish,Madan Lai,Rajesh,Ran Pal Singh
Bhati,AjayPal and RaviPal being arrested,they shall be released on bail by the arresting officer on furnishing personal bonds in the sum ofRs.20,000/- each with one surety in the like amount subject to the following further conditions
(i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so;
(ii) The petitioners shall not come in contact with or try to influence any ofthe witnesses connected to the case;
(iii) Prior to his release, they shall give the telephone numbers of selfand ofat least one other responsible family member besides that ofthe surety to the investigating officer;
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the
Court or to any police officer or tamper with the evidence.
This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the
BAIL APPLN.886/2018andconnected matters Page5of6
.>N \ 2018:DHC:8434 investigation and process being issued against them by the court of cognizance.
The petitions and the accompanying applications stand disposed ofin above terms.
Dasti.
:k.g A' OCTOBER 05,2018 m BAIL APPLN.886/2018and connected matters Page6of6
2018:DHC:8434
JUDGMENT