Gaurav v. State (NCT of Delhi)

Delhi High Court · 13 Dec 2017 · 2017:DHC:8533
Mukta Gupta
BAILAPPLN. 1857/2017
2017:DHC:8533
criminal appeal_allowed

AI Summary

Delhi High Court granted anticipatory bail to accused in a Section 308/34 IPC case arising from a spontaneous scuffle, emphasizing cooperation with investigation and absence of prior criminal record.

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$-14, 15& 18 HIGH COURT OF DELHI
BAILAPPLN. 1857/2017
GAURAV Petitioner Represented by: Mr. Arun Gaur, Adv.
VERSUS
STATE (NCT OF DELHI) Respondent Represented by: Ms. Meenakshi Chauhan, APP with SI Suresh Chand, PS
Shahdara.
BAIL APPLN. 1964/2017
SHRI ROHIT Petitioner
VERSUS
THE STATE NCT OF DELHI Respondent Represented by: Mr. Amit Gupta, APP with SI
Suresh Chani PS Shahdara.
BAIL APPLN. 2047/2017
SHRI AMIT Petitioner
VERSUS
THE STATE NCT OF DELHI Respondent Represented by: Ms. Meenakshi Chauhan, APP with SI Suresh Chand, PS
Shahdara.
BAIL APPLNs. 1857/2017,1964/2017 & 2047/2017 page 1 of3
2017:DHC:8533 L
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER o/o 13.12.2017 By these petitions the petitioners seelc anticipatory bail in case FIR
No. 287/2017 under Sections 308/34 IPG registered at PS Shahdara on the complaint ofAshok Kumar.
In the FIR, Ashok Kumar the complainant stated that on 7^*^ August, 2017 as he left for work he realised that he has forgotten his helmet and thus he sentSudama to his house to getthe helmet. Sudama asked Ashok Kumar to make a phone call so that his family may give him the helmet. While the complainant was talking on the mobile phone, the three petitioners herein who were eating, came to him and thought that he was calling the Police.
They threatened him that if he informed the Police they would teach him a lesson and thereafter a scuffle started with him resulting in injuries on the head, finger and foot of Ashok Kumar. In the process Shyam Lai also received injuries. As per the opinion in the MLC injury to Ashok Kumar was grievous in nature and to Shyam Lai it was opined to be simple in nature.
Considering the fact that the incident took place on the spur of the moment on the petitioners apprehending that the complainant was calling the Police against them, there being no previous record of the petitioners, and petitioners having already joined the investigation, this Court deems it fit to grant anticipatory bail tothe petitioners. It is therefore directed that in the event of arrest the petitioners be released on bail on their fiimishing a
BAILAPPLNs. 1857/2017,1964/2017& 2047/2017 page 2 of3 personal bond in the sum of^25,000/- each with one surety bond each ofthe like amount subject to the satisfaction of the Arresting Officer/ SHO concerned, further subject to the condition that they will join the investigation as and when directed and will not leave the country without the prior permission ofthe Court concerned. In case ofchange of residential address the same will be informed to the Court concerned by way of an affidavit.
Petitions are disposed of. Orderdasti.
MUKTA GUPTA, J.
DECEMBER 13,2017 'ga' BAIL APPLNs. 1857/2017,1964/2017 & 2047/2017 page 3 of3
JUDGMENT