Anurag Jain and Ayushi Sharma v. State (Govt. of NCT of Delhi)

Delhi High Court · 20 Feb 2018 · 2018:DHC:8198
Indermeet Kaur
BAIL APPLN. 408/2018 & BAIL APPLN. 409/2018
2018:DHC:8198
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed anticipatory bail applications of accused in a grievous injury case after serious charges under Sections 326 and 307 IPC were added to the FIR based on medical opinion.

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m $--11 & 12 HIGH COURT OF DELHI
BAIL APPLN. 408/2018
Petitioner
Through Mr.Anurag Jain and Ms.Ayushi Sharma, Advocates.
VERSUS
STATE (GOVT. OF NCT OF DELHI) Respondent
Through Mr.Kewal Singh Ahuja, APP for the State with SI Rajesh Kumar.
Mr.Vipin Chaudhary, Advocate for complainant.
BAIL APPLN. 409/2018
JAFAR
Through
VERSUS
Petitioner Mr.Anurag Jain and Ms.Ayushi Sharma, Advocates.
STATE (GOVT. OF NCT OF DELHI) Respondent
Through Mr.Amit Ahlawat, APP for the State with SI Rajesh Kumar.
Mr.Vipin Chaudhary, Advocate for complainant.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
20.02.2018 Crl.M.A.No.3219/2018 fexemption) in BAIL APPLN. 408/2018
Crl,M.A,No.3225/2016 (exemption) in BAIL APPLN. 409/2018
Exemption is allowed subject to just exceptions. Application disposed of
BAIL APPLN. 408/2018 & BAIL APPLN. 409/2018
'rt 2018:DHC:8198 Petitioners are seeking anticipatory protection. FIR had been initially registered under Sections 323/324/341/506 read with Section
34 of the IPC. Section 326 of the IPC was added later on. Learned counsel for the State informs this Court that Section 307 has additionally been added to the FIR.
Learned counsel for the petitioners points out that there is no explanation by the prosecution as to how and in what circumstances
Sections 326/307 of the IPC had been added later on to the FIR.
Submission is that initially the petitioners had been released on bail but thereafter after the aforenoted sections of the IPC had been added to the FIR their bail stood cancelled. It is pointed out that two co- accused had been granted anticipatory protection by the Sessions
Court.
Record shows that victim Shamshad had received grievous injury. It was pursuant to the opinion given by the doctor that that
Sections 326/307 of the IPC had been added to the FIR. The nature of the injuries and the area of the body wherein these injuries had been inflicted have been noted. Name of Jafar and Alam had been mentioned in the FIR. Offence is serious. No/ground is made out for anticipatory protection.
Petitions dismissed.
FEBRUARY 20,2018 ndn INDERMEET KAUR, J 2018:DHC:8198
JUDGMENT