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HIGH COURT OF DELHI
BAIL APPLN. 317/2018 &CRL.M.A. 2482/2018
RAMESHWAR Petitioner
Through Mr. Kriti Uppal, Sr. Adv. with (name not giveii)
HIGH COURT OF DELHI
BAIL APPLN. 317/2018 &CRL.M.A. 2482/2018
RAMESHWAR Petitioner
Through Mr. Kriti Uppal, Sr. Adv. with (name not giveii)
VERSUS
THE STATE GOVT OF NCT OF DELHI ..... Respondent'
Through Mr. Ashish Dutta, APP for State SI Amrender PS Fatehpur Ben
$-67
Through Mr. Ashish Dutta, APP for State SI Amrender PS Fatehpur Ben
$-67
BAIL APPLN. 313/2018 & CRL.M.A. 2441/2018
. KIRAN SINGH , PetMoner
Through . Mr. Kriti Uppal, Sr. Adv. with (name not given)
I
. KIRAN SINGH , PetMoner
Through . Mr. Kriti Uppal, Sr. Adv. with (name not given)
I
VERSUS
' . .
THE STATE GOVT OF NCT OF DELHI Respondent
Through Mr. Panna Lai Sharma, APP for State with SI Amrender PS Fatdipur Beri.
Mr. Rakesh Malviy.a, Mr. Manish Choudhary, Mr. Karamveer Choudhary, Mr. Vikas Bakshi, Advs.
. ^ for corriplainant $-20 ' ' .
THE STATE GOVT OF NCT OF DELHI Respondent
Through Mr. Panna Lai Sharma, APP for State with SI Amrender PS Fatdipur Beri.
Mr. Rakesh Malviy.a, Mr. Manish Choudhary, Mr. Karamveer Choudhary, Mr. Vikas Bakshi, Advs.
. ^ for corriplainant $-20 ' ' .
BAIL APPLN. 172/2018 & CRL.M.A. 1244/2018
ARCHANAYADAV ' Petitioner
Through Mr. Kriti Uppal, Sr. Adv. with . (name riot given) .
ARCHANAYADAV ' Petitioner
Through Mr. Kriti Uppal, Sr. Adv. with . (name riot given) .
VERSUS
THE STATE(NCT OF DELHI) Respondent , ' Through Mr. Ashish Dutta, APP for State with
SI Amrender PS Fatehpur Beri
SI Amrender PS Fatehpur Beri
BAIL APPLN. 317/2018
BAILAPPLN. 313/2018 ' page 1 of8
BAIL APPLN. 172/2018 ~ '
2018:DHC:8239 V
2018:DHC:8239 V
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
12.02.2018 ' A common status report has been submitted on behalf of the State in relation to these three appHcations taken up which is placed on the records ofBailApplication No. 172/2018.
On behalf of the applicants, it has been submittedthat they have been falsely implicated and it has been further submitted that there are six FIRs registered against the • complainant i.e. FIR No. 257/95 u/s
147/148/148/308/3'23/34 ofthe IPG, FIR No. 58/2009 u/s 380/438/323/k of the IPG, FIR No..90/2012 u/s 487/389/509/506/34 of the IPG, FIR NO. 292/17 u/s 186/353/323/34 of the IPG, FIR No. 15/18 u/s 354/506/509/307 of the IPG and FIR No. 21A18 u/s. 397/354/506/509/34 of the IPG all registered at PS Fatehpur Beri of which FIR No. 15/18 and FIR No. 21/18 are stated to have been registered on the complaint of Archana Yadav and her associates. . '
The allegations against the applicant Rameshwar as stated in the FIR in question related to averments made inthe FIR which is indicated to have been registered at 1.00 p.m. on 14.01.2018, when the complainant who
•works as a caretaker for M/s. KW Traders was present, on the land of the company then the accused Rameshwar i.e. the applicant ofthe Bail Appln.
317/2018, along with his relatives Kiran Tanwar @Kinni, Archana Yadav
12.02.2018 ' A common status report has been submitted on behalf of the State in relation to these three appHcations taken up which is placed on the records ofBailApplication No. 172/2018.
On behalf of the applicants, it has been submittedthat they have been falsely implicated and it has been further submitted that there are six FIRs registered against the • complainant i.e. FIR No. 257/95 u/s
147/148/148/308/3'23/34 ofthe IPG, FIR No. 58/2009 u/s 380/438/323/k of the IPG, FIR No..90/2012 u/s 487/389/509/506/34 of the IPG, FIR NO. 292/17 u/s 186/353/323/34 of the IPG, FIR No. 15/18 u/s 354/506/509/307 of the IPG and FIR No. 21A18 u/s. 397/354/506/509/34 of the IPG all registered at PS Fatehpur Beri of which FIR No. 15/18 and FIR No. 21/18 are stated to have been registered on the complaint of Archana Yadav and her associates. . '
The allegations against the applicant Rameshwar as stated in the FIR in question related to averments made inthe FIR which is indicated to have been registered at 1.00 p.m. on 14.01.2018, when the complainant who
•works as a caretaker for M/s. KW Traders was present, on the land of the company then the accused Rameshwar i.e. the applicant ofthe Bail Appln.
317/2018, along with his relatives Kiran Tanwar @Kinni, Archana Yadav
BAILAPPLN. 313/2018 page 2 of8
BAIL APPLN. 172/2018
V
V i.e. the apphcant of^Bail Appln. 172/2018 along with some other persons came on the,land of the company and Rameshwar stated to the complainant Jay Prakash that they wanted to take the possession ®fthis land and that they belong,to his village and asked him not to come in between and when he objected Kiran Tanwar @Kinni took out a revolver from his pocket and said that ifhe would come in between they would Mil him and then Archana Yadav i.e. the applicant of Bail Applri. 172/201S said if he will not go from there, she could iniplicate him in afalse case and after this they caught hold ofhim and one Vikas s/o Sukhbir r/o Village Kamodh, District Charkhi, Dadri, Haryana and Rameshwar snatched the MI phone of
Vikas, who made, a video recording of the incident and the complainant managed to save hirnself and made a-call at 100 number and that told'them that their purpose is tried to grab the land ofthe company and also tried to kill him and had kept the MI phone ofVikas and that Archana Yadav. also threatened to implicate them.
On behalf oftheapplicants, ithas been submitted that the present FIR is a counter blast to a complaint made by the applicant Archana Yadav on
14.01.2018 at 12.00 noon inrelation to which theFIRwas registered only at
20.55 hours which was deliberately registered .pursuant to the registration of the FIR on a complaint of the complainant Vikas in FIR No. 15/18 u/s
323/506/354/509/34 of the IPG.
As per,the FIR registered on the complaint ofthe Archana Yadav i.e. the applicant ofthe Bail Appln. 172/2018, the applicant submitted that she is
V
V i.e. the apphcant of^Bail Appln. 172/2018 along with some other persons came on the,land of the company and Rameshwar stated to the complainant Jay Prakash that they wanted to take the possession ®fthis land and that they belong,to his village and asked him not to come in between and when he objected Kiran Tanwar @Kinni took out a revolver from his pocket and said that ifhe would come in between they would Mil him and then Archana Yadav i.e. the applicant of Bail Applri. 172/201S said if he will not go from there, she could iniplicate him in afalse case and after this they caught hold ofhim and one Vikas s/o Sukhbir r/o Village Kamodh, District Charkhi, Dadri, Haryana and Rameshwar snatched the MI phone of
Vikas, who made, a video recording of the incident and the complainant managed to save hirnself and made a-call at 100 number and that told'them that their purpose is tried to grab the land ofthe company and also tried to kill him and had kept the MI phone ofVikas and that Archana Yadav. also threatened to implicate them.
On behalf oftheapplicants, ithas been submitted that the present FIR is a counter blast to a complaint made by the applicant Archana Yadav on
14.01.2018 at 12.00 noon inrelation to which theFIRwas registered only at
20.55 hours which was deliberately registered .pursuant to the registration of the FIR on a complaint of the complainant Vikas in FIR No. 15/18 u/s
323/506/354/509/34 of the IPG.
As per,the FIR registered on the complaint ofthe Archana Yadav i.e. the applicant ofthe Bail Appln. 172/2018, the applicant submitted that she is
BAIL APPLN. 317/2018 "
BAIL APPLN. 313/2018 ' page 3 of8
V a social worker and on 14.01.2018 at about 12.00 p.m. she had gone to
Village Aya Nagar along with a friend Dharamvati.for the purpose of getting a rental accommodation arranged for hei^ friend Dharamvati and when they had reached at C-2 Block, Village Aya Nagar meanwhile Karan Luthra, Sultan along with 4-5 bouncers had come in a vehicle and Karan Luthra and
Sultan and 4-5-bouncers had fired at her and she lay dqwn on the road to save herself and all that persons abused the petitioner and threatened to kill her as a consequence of which she lodged a complaint on the Mahila helpline number 1640125 had been registered which was entrusted to TO SI
Sunil of PS Fatehpur Beri, The appellant Archana Yadav further submitted through the FIR that the appellant Karan Luthra and the bouncers attacked her friend and her and threatened to kill her.
In reply to a specific Court query, learned counsel for the applicant submits that the complainant of the FIR in question i.e. FIR No. 13/18 PS
\ - ' ' _ Fatehpur Beri is not named as an accused in the FIR No. 15/18 PS Fatehpur
Beri. It has further been submitted on behalf of the applicant that it was pursuant to the proceedings in W.P. Civil No. 699/14 titled as Mahendra
Kumar Tyagi Vs. SDM &-Ors. wherein it was directed by this Court that any construction in the area of Aya Nagar be stopped and assurance had
\ been given on behalf of the SDMC, SDM and Delhi Police that no construction would be carried; out in the said Village. As per the proceedings dated 16.01:2018- in Bail Application No. 73/18 during the course of the
A submissions made on behalf of the applicant ArchanaYadav in Bail Appln.
V a social worker and on 14.01.2018 at about 12.00 p.m. she had gone to
Village Aya Nagar along with a friend Dharamvati.for the purpose of getting a rental accommodation arranged for hei^ friend Dharamvati and when they had reached at C-2 Block, Village Aya Nagar meanwhile Karan Luthra, Sultan along with 4-5 bouncers had come in a vehicle and Karan Luthra and
Sultan and 4-5-bouncers had fired at her and she lay dqwn on the road to save herself and all that persons abused the petitioner and threatened to kill her as a consequence of which she lodged a complaint on the Mahila helpline number 1640125 had been registered which was entrusted to TO SI
Sunil of PS Fatehpur Beri, The appellant Archana Yadav further submitted through the FIR that the appellant Karan Luthra and the bouncers attacked her friend and her and threatened to kill her.
In reply to a specific Court query, learned counsel for the applicant submits that the complainant of the FIR in question i.e. FIR No. 13/18 PS
\ - ' ' _ Fatehpur Beri is not named as an accused in the FIR No. 15/18 PS Fatehpur
Beri. It has further been submitted on behalf of the applicant that it was pursuant to the proceedings in W.P. Civil No. 699/14 titled as Mahendra
Kumar Tyagi Vs. SDM &-Ors. wherein it was directed by this Court that any construction in the area of Aya Nagar be stopped and assurance had
\ been given on behalf of the SDMC, SDM and Delhi Police that no construction would be carried; out in the said Village. As per the proceedings dated 16.01:2018- in Bail Application No. 73/18 during the course of the
A submissions made on behalf of the applicant ArchanaYadav in Bail Appln.
BAILAPPLN. 313/2018 page 4 of8
172/2018 before the PO/MAGT/SD/Delhi a submission ,had been made to
.the effect that directions were given for stopping of unauthorized construction in the area of Aya Nagar in W.P. Civil No. ,699/14 titled as
, Mahendra Kumar Tyagi Vs. SDM & Ors. and the companies namely M/s.
Darshaii Investments Pvt. Ltd. AndM/s.'K.N. Traders through its Director
I
Mr. Karan Luthra is selling plots to various poor people and developing illegal colonies by raising unauthorized construction and that on 14.01.2018 she complained to the higher authorities against Karan Luthra's company who sold the land ofmore than Rs.500 crpres illegally to different persons in
. collusion with the police and office bearers of Tehsil and that on the sanie day of the applicant's company she received a threatening calLat about
^ 10.00 p.m. on her mobile phone no. 9711774848 and from the number
8447644244 whereafter the applicant made, a complaint to Mahila helpline on 1091 vide the complaint no. 1640125 and FIR on the basis of the
>• _ ' complaint is indicated to have been registered i.e. FIR No. 15/18.
Inter alia during the course of the submissions on behalf of the
State, it has been submitted through the status report that the rhpbile pihone of Vikas was stated to have been snatched by the applicant Rameshwar and that the applicant Kiran Singh @ Kinni took a revolver from his pocket and said that whomsoever will come in between they will kill them and then
Archana Yadav said if the complainantwould not go from there, she would implicate him in a false caseand it has also been submitted on behalfof the
State that the custodial interrogation of these applicants are required. The ' •
•Qi
172/2018 before the PO/MAGT/SD/Delhi a submission ,had been made to
.the effect that directions were given for stopping of unauthorized construction in the area of Aya Nagar in W.P. Civil No. ,699/14 titled as
, Mahendra Kumar Tyagi Vs. SDM & Ors. and the companies namely M/s.
Darshaii Investments Pvt. Ltd. AndM/s.'K.N. Traders through its Director
I
Mr. Karan Luthra is selling plots to various poor people and developing illegal colonies by raising unauthorized construction and that on 14.01.2018 she complained to the higher authorities against Karan Luthra's company who sold the land ofmore than Rs.500 crpres illegally to different persons in
. collusion with the police and office bearers of Tehsil and that on the sanie day of the applicant's company she received a threatening calLat about
^ 10.00 p.m. on her mobile phone no. 9711774848 and from the number
8447644244 whereafter the applicant made, a complaint to Mahila helpline on 1091 vide the complaint no. 1640125 and FIR on the basis of the
>• _ ' complaint is indicated to have been registered i.e. FIR No. 15/18.
Inter alia during the course of the submissions on behalf of the
State, it has been submitted through the status report that the rhpbile pihone of Vikas was stated to have been snatched by the applicant Rameshwar and that the applicant Kiran Singh @ Kinni took a revolver from his pocket and said that whomsoever will come in between they will kill them and then
Archana Yadav said if the complainantwould not go from there, she would implicate him in a false caseand it has also been submitted on behalfof the
State that the custodial interrogation of these applicants are required. The ' •
•Qi
BAIL APPLN. 313/2018' •' ' ' page 5 of8 status report on record submitted by the State indicates the invob/ement of the applicant Rameshwar in FIR no. 333/2018, u/s 420/468/469/471/120B of the IPG PS Mehrauli, FIR No. 355/08 u/s 420 PS Mehrauli, FIR NO. 131/14-1 u/s 376/365/506/34 of IPG and 25/54/59 of Arms Act and FIR NO. 4/18 u/s 506 of the IPG PS Fatehpur Beri with the applicant Kiran Singh involved in 27 cases of PS Mehrauli, PS Fatehpur Beri, PS Nagima Mewat, PS Malviya Nagar, PS Saket, PS Suraj Kund Faridabad, HR. Ithas also been submitted through the application that these applicants are absconding and not co-operating m investigation and are likely to repeat the of&nces and intimidate thewitnesses and complainant, ifreleased, asprayed.
On behalf of the complainant, it has inter alia been submitted that despite submissions that have been made on behalf ofthe applicant Archana
Yadav as brought forth through the proceedings dated 16.01.2018 during the course ofthe submissions made onbehalfofthe applicant Archana Yadav in
Bail Appln. 73/2018 before the PO/MAGT/SD/Delhi the applicant had repeatedly made false complaints and that the said complaints are false and that in fact the three applicants by filing complaints are only attempting to extort money from the persons. The complainant has. placed on record the copy of the complaints on the basis of which FIRs have been registered^at police station in which list,submitted, there is also the name of another person named Sunita as complainant who is also stated to be apart of the
,group ofthe applicants and an extortionist.
Taking into account the submissions that have been made on behalfof
BAIL APPLN.-317/2018 " ^ BAIL APPLN. 313/20.18 - page6of8
On behalf of the complainant, it has inter alia been submitted that despite submissions that have been made on behalf ofthe applicant Archana
Yadav as brought forth through the proceedings dated 16.01.2018 during the course ofthe submissions made onbehalfofthe applicant Archana Yadav in
Bail Appln. 73/2018 before the PO/MAGT/SD/Delhi the applicant had repeatedly made false complaints and that the said complaints are false and that in fact the three applicants by filing complaints are only attempting to extort money from the persons. The complainant has. placed on record the copy of the complaints on the basis of which FIRs have been registered^at police station in which list,submitted, there is also the name of another person named Sunita as complainant who is also stated to be apart of the
,group ofthe applicants and an extortionist.
Taking into account the submissions that have been made on behalfof
BAIL APPLN.-317/2018 " ^ BAIL APPLN. 313/20.18 - page6of8
BAIL APPLN. 172/2018 ' •
-k f either side and on aperusal ofthe averments made, without any observations on merits and demerits of the case, on a perusal of the averments made in the FIR inquestion i.e..FIR No. 13/18 PS Fatehpur Beri and the status report submitted on record by the State as regards the applicant Archana Yadav, she is "allowed to.be released on bail inthe event of the arrest subject to the appellant furnishing a personal bond in the sum of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the learned Trial Court and. subject to the conditions that she shall not leave the country, shall not intimidate the witnesses in any manner, shall not tamper with the evidence, shall not make any contact with the complainant and shall not commit any offence whatsoever and shalljoin the investigation as and when required. In the event of the FIR or Kalandara are registered against the applicant
Archana Yadav, the State shall bring the same to the notice ofthe Court.
As regards the applicant Kiran Singh appellant of the Bail Appln.
313/2018, the status report on record filed by the State indicates registration of the 27 FIRs against him in relation to the alleged commission of the offences with the allegations in the present FIR No. 13/18 also to the effect that he was the one who had taken out revolver fire at the complainant in relation to which it has been submitted on behalf of the State that the said revolver is to be recovered,^taking the same into account and the alleged previous antecedents against the applicant Kiran singh, there is no ground of
^nt ofany anticipatory bail. The Bail Appln. 313/2018 is declined.
As regards the applicant Rameshwar in view of the averments made
-k f either side and on aperusal ofthe averments made, without any observations on merits and demerits of the case, on a perusal of the averments made in the FIR inquestion i.e..FIR No. 13/18 PS Fatehpur Beri and the status report submitted on record by the State as regards the applicant Archana Yadav, she is "allowed to.be released on bail inthe event of the arrest subject to the appellant furnishing a personal bond in the sum of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the learned Trial Court and. subject to the conditions that she shall not leave the country, shall not intimidate the witnesses in any manner, shall not tamper with the evidence, shall not make any contact with the complainant and shall not commit any offence whatsoever and shalljoin the investigation as and when required. In the event of the FIR or Kalandara are registered against the applicant
Archana Yadav, the State shall bring the same to the notice ofthe Court.
As regards the applicant Kiran Singh appellant of the Bail Appln.
313/2018, the status report on record filed by the State indicates registration of the 27 FIRs against him in relation to the alleged commission of the offences with the allegations in the present FIR No. 13/18 also to the effect that he was the one who had taken out revolver fire at the complainant in relation to which it has been submitted on behalf of the State that the said revolver is to be recovered,^taking the same into account and the alleged previous antecedents against the applicant Kiran singh, there is no ground of
^nt ofany anticipatory bail. The Bail Appln. 313/2018 is declined.
As regards the applicant Rameshwar in view of the averments made
BAIL APPLN. 317/2018 " -
BAIL APPLN. 313/2018 . , • ^ page 7of8
BAIL APPLN 172/2018 on behalf of the applicant and the complaint made by the co-accused
Archana Yadav to the Commissioner of Police on 14.01.2018 submitting inter alia to the effect that FIR in question in question 13/18 PS Fatehpur
Beri had been falsely registered and the allegation in relation to the snatching of the mobile phone of the complainant Vikas was erroneous and false and details of 12 calls having been made on 14.0,1.2018 to the said mobile of the Vikas having been mentioned from 12.50 p.m. to 1751 p.m.^
' beforeproceeding further the State is directed to submit a verification report in,relation thereto on 21.02.2018, till which date the applicant shall not be
•arrested subject to the conditions that he shall not leave the city, shall not intimidate the witnesses in any manner, shall not tamper with the evidence, shall not make any.contact with the complainant and shall not commit any offence whatsoever.
FEBRUARY 12, 20i8/MK ANU MALHOTRA, J ^LAPPLN. 317/2018
EilLAPPLN. 313/2018 page 8 of8
Archana Yadav to the Commissioner of Police on 14.01.2018 submitting inter alia to the effect that FIR in question in question 13/18 PS Fatehpur
Beri had been falsely registered and the allegation in relation to the snatching of the mobile phone of the complainant Vikas was erroneous and false and details of 12 calls having been made on 14.0,1.2018 to the said mobile of the Vikas having been mentioned from 12.50 p.m. to 1751 p.m.^
' beforeproceeding further the State is directed to submit a verification report in,relation thereto on 21.02.2018, till which date the applicant shall not be
•arrested subject to the conditions that he shall not leave the city, shall not intimidate the witnesses in any manner, shall not tamper with the evidence, shall not make any.contact with the complainant and shall not commit any offence whatsoever.
FEBRUARY 12, 20i8/MK ANU MALHOTRA, J ^LAPPLN. 317/2018
EilLAPPLN. 313/2018 page 8 of8
BAILAPPLN. 172/2018
JUDGMENT