Mohammad Asif v. State

1. Petitioner seeks anticipatory bail in FIR No.1434/2017, under Sections 341/308/323/34 IPC, Police Station Mangolpuri. Subject FIR has been registered on the complaint of one Sunny alias Sunil, son of late Shri Ranjeet Singh.

2. It is the case of the petitioner that the entire incident occurred on account of instigation of the complainant and his family members and the allegations in the subject FIR are false.

3. It is further contended that the entire incident has been recorded in the CCTV Cameras, which were in the concerned area. As per the 2018:DHC:3170 BAIL APPLN. 195/2018 petitioner, the CCTV footage shows that the complainant and his family members came prepared with the rods and lathis and entered into an altercation with the petitioner and his family members, who were assaulted.

4. FIR is also stated to have been lodged on the complaint of one Shakil, the brother of the petitioner.

5. The petitioner was granted interim protection on 24th January 2018 by this Court. Learned APP submits that the petitioner joined investigation as per the directions of the IO.

6. Without commenting upon the merits of the case, perusal of the record shows that the petitioner has made out a case for grant of anticipatory bail. In the event of arrest, the petitioner shall be released on bail by the Arresting Officer/Investigating Officer/SHO, on his furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO.

7. The petitioner shall not do anything, which may either prejudice the investigation or the prosecution witnesses. The petitioner shall join investigation, as and when so required by the Investigating Officer.

8. Petition is allowed in the above terms.

9. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J MAY 14, 2018 Neelam