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"V HIGH COURT OF DELHI
BAIL APPLN. 473/2018
BABLOO
Represented by:
.. Petitioner Mr.Pradeep Kumar Arya with Mr.Raj Karan Sharma, Mr.Bhaskar Bhardwaj and
Mr.Ashwyn Kalra, Advocates
BAIL APPLN. 473/2018
BABLOO
Represented by:
.. Petitioner Mr.Pradeep Kumar Arya with Mr.Raj Karan Sharma, Mr.Bhaskar Bhardwaj and
Mr.Ashwyn Kalra, Advocates
VERSUS
STATE
BAIL APPLN. 487/2018
SANJEEB @ SANDEEP
SANJEEB @ SANDEEP
VERSUS
STATE ... Respondent Ms.Meenakshi Chauhan, APP with ASI Vinod Kumar, PS
Tilak Nagar .. Petitioner Mr.Pradeep Kumar Arya with
Mr.Raj Karan Sharma, Mr.Bhaskar Bhardwaj and Mr.Ashwyn Kalra, Advocates
..Respondent Ms.Meenakshi Chauhan, APP with ASI Vinod Kumar, PS
Tilak Nagar
Tilak Nagar .. Petitioner Mr.Pradeep Kumar Arya with
Mr.Raj Karan Sharma, Mr.Bhaskar Bhardwaj and Mr.Ashwyn Kalra, Advocates
..Respondent Ms.Meenakshi Chauhan, APP with ASI Vinod Kumar, PS
Tilak Nagar
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
19.03.2018 By these two petitions, the petitioners seek bail in case FIR
No.345/2017 under Sections 323/341/316/34 IPG registered at PS Tilak
19.03.2018 By these two petitions, the petitioners seek bail in case FIR
No.345/2017 under Sections 323/341/316/34 IPG registered at PS Tilak
BAIL APPLN. 473/2018 &487/2018 Page 1 of3
2018:DHC:8202 Marg. In the above noted FIR the complainant alleged that her husband was working with one Shyam Lai as Beldar but Shyam Lai had not paid his dues. On 17'^ July, 2017 at about 5.30 p.m. her husband went to Shyam Lai to take his dues. After some time, she received the information that a quarrel has taken place between Shyam Lai and her husband. When she reached the spot, she found that Shyam Lai, his sons Raj Kumar and Manpal and their relatives Babloo and Sandeep were beating her husband. When she tried to intervene to save her husband, the said persons gave beatings to her also and Shyam Lai pushed her on a cart/rehdi knowing that she was six months' pregnant. She was taken to the hospital in PGR van where she gave birth to two children, a boy and a girl, in the intervening night of 19'^ and 20^'' July, 2017, who later died on 20^'' July, 2017 and 21'^ July, 2017.
Learned counsel for the petitioner contends that a report from the
Medical Board has also been obtained and according to the Medical Board, the assault is not the reason for preterm delivery. The complainant was suffering from Seizure disorder. Multiparty (Third Gravida) and Anemia which were the possible reasons for preterm delivery. She fiirther states that
Manpal and Raj Kumar have already been granted bail by the learned Trial
Court and thus, she claimsparity.
As noted above, the role assigned to Babloo and Sandeep, the two petitioners before this Court, is similar to that of Manpal and Raj Kumar.
The allegation ofpushing the complainant to the cart/rehdi resulting in the preterm delivery is attributed to Shyam Lai and not the two petitioners herein. Thus, considering the nature of allegations, this Court deems it fit to grant bail to the petitioners.
BAIL APPLN 473/2018 &487/2018 Page 2of3
It is therefore directed that the petitioners be released onbail on their furnishing personal bonds in the sum of?25,000/- each with one surety each of the like amount, subject to the satisfaction of the learned Trial
Court/CMM further subject to the condition that in case of change of residential address, the petitioners would intimate the same to the learned
Trial Court by way ofan affidavit.
Petition is disposed of
Order Dasti.
MUKTA GUPTA, J.
MARCH 19,2018 'rk'
2018:DHC:8202 Marg. In the above noted FIR the complainant alleged that her husband was working with one Shyam Lai as Beldar but Shyam Lai had not paid his dues. On 17'^ July, 2017 at about 5.30 p.m. her husband went to Shyam Lai to take his dues. After some time, she received the information that a quarrel has taken place between Shyam Lai and her husband. When she reached the spot, she found that Shyam Lai, his sons Raj Kumar and Manpal and their relatives Babloo and Sandeep were beating her husband. When she tried to intervene to save her husband, the said persons gave beatings to her also and Shyam Lai pushed her on a cart/rehdi knowing that she was six months' pregnant. She was taken to the hospital in PGR van where she gave birth to two children, a boy and a girl, in the intervening night of 19'^ and 20^'' July, 2017, who later died on 20^'' July, 2017 and 21'^ July, 2017.
Learned counsel for the petitioner contends that a report from the
Medical Board has also been obtained and according to the Medical Board, the assault is not the reason for preterm delivery. The complainant was suffering from Seizure disorder. Multiparty (Third Gravida) and Anemia which were the possible reasons for preterm delivery. She fiirther states that
Manpal and Raj Kumar have already been granted bail by the learned Trial
Court and thus, she claimsparity.
As noted above, the role assigned to Babloo and Sandeep, the two petitioners before this Court, is similar to that of Manpal and Raj Kumar.
The allegation ofpushing the complainant to the cart/rehdi resulting in the preterm delivery is attributed to Shyam Lai and not the two petitioners herein. Thus, considering the nature of allegations, this Court deems it fit to grant bail to the petitioners.
BAIL APPLN 473/2018 &487/2018 Page 2of3
It is therefore directed that the petitioners be released onbail on their furnishing personal bonds in the sum of?25,000/- each with one surety each of the like amount, subject to the satisfaction of the learned Trial
Court/CMM further subject to the condition that in case of change of residential address, the petitioners would intimate the same to the learned
Trial Court by way ofan affidavit.
Petition is disposed of
Order Dasti.
MUKTA GUPTA, J.
MARCH 19,2018 'rk'
BAIL APPLN. 473/2018 &487/2018 Page 3of3
JUDGMENT