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HIGH COURT OF DELHI
BAIL APPLN. 2235/2017
ARUN MALIK
Petitioner
ThroughMr. SatishTamta, Sr. Adv. with Ms. Nisha Narayanan, Adv.
\
BAIL APPLN. 2235/2017
ARUN MALIK
Petitioner
ThroughMr. SatishTamta, Sr. Adv. with Ms. Nisha Narayanan, Adv.
\
VERSUS
/ THE STATE GOVT OF NCT OF DELHI Respondent
Through Mr. Panna LaiSharma, APP forthe State withInspector Badruddin Khan, DIU/NB
AND, BAIL APPLN. 2250/2017 DINESH KUMAR Petitioner
ThroughMr. SatishTamta, Sr. Adv. with
Through Mr. Panna LaiSharma, APP forthe State withInspector Badruddin Khan, DIU/NB
AND, BAIL APPLN. 2250/2017 DINESH KUMAR Petitioner
ThroughMr. SatishTamta, Sr. Adv. with
VERSUS
•
•N
Through Mr. Panna Lai Sharma, APP forthe State withInspector Badruddin KJian, DIU/NE
' B.A.Nos.2235/2017,2250/2017,2252/2017,2259/2017, 2275/2017 page1of 6
2017:DHC:8523
•N
Through Mr. Panna Lai Sharma, APP forthe State withInspector Badruddin KJian, DIU/NE
' B.A.Nos.2235/2017,2250/2017,2252/2017,2259/2017, 2275/2017 page1of 6
2017:DHC:8523
BAIL APPLN. 2252/2017
KARAN KUMAR Petitioner
Through Mr. Satish Tamta, Sr. Adv. with u
KARAN KUMAR Petitioner
Through Mr. Satish Tamta, Sr. Adv. with u
VERSUS
• Through Mr. Panna Lai Sharma, APP for theState with Inspector Badruddin Khan, DIU/NE
BAIL APPLN. 2259/2017
RAKESH KUMAR Petitioner
RAKESH KUMAR Petitioner
VERSUS
Through 7^- + BAIL APPLN. 2275/2017 ARJUN KUMAR
B.A.Nos.2235/2017,2250/2017. 2252/2017,2259/2017, 2275/2017 page 2of6
Petitioner
B.A.Nos.2235/2017,2250/2017. 2252/2017,2259/2017, 2275/2017 page 2of6
Petitioner
VERSUS
• ThroughMr. Raghuvinder Varma,APP for State withInspector Badruddin Khan, DIU/NE
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
24.11.2017 Vide the present applications Bail Applications No.2235/2017, 2250/2017, 2252/2017, 2259/2017 and 2275/2017, the applicants
Arun Malik, Dinesh Kumar, Karan Kumar, Rakesh Kumar and Arjun
Kumar respectively seek grant of anticipatory bail submitting, inter alia, that the applicants have been falsely implicated in the FIR NO. 777/2017 under Sections 308/34 IPG,' 1860 P.S. New Usmanpur, Delhi which they submit is a counterblast to FIR No.776/2017 P.S.
New Usmanpur, Delhi stated to have been registered prior to the registration of the present FIR registered on the complaint of Shri
' Suresh Kumar, a relative of the present applicants. It has further been submitted on behalfof the applicants that there were sixpersons i.e. relatives of the complainant and the complainant Shri Suresh
Kumar who had been injured and it has been further submitted on behalfofthe applicants that the father ofthe complainant ofFIR
B.A.Nos.2235/2017,2250/2017,2252/2017,2259/2017, 2275/2017 page 3of6
No.777/2017 is also trying to exert influence and pressure being associated with the Prosecution Branch ofthe Karkardooma Courts.
It has also been submitted on behalf of the applicants whilst placing reliance on the averments made in theFIR'in question to the effect that there was blood found outside the house No.C-52/40, Gali
No.6, Gamri.Extn, 5^^ Pusta, Delhi which is the house of the complainant in FIR No.776/2017 registered at P.S. New Usmanpur registered on the complaint ofa relative ofthe applicants. It has also been submitted thatthe blood sample hasbeen taken from outside the
4 said house of the applicants', relative and furthermore the FIR
' No.777/2017 is an indicator to the effect that the injured did not give any statement on the same day despite the Police having made an attemptto record the same.
It has also been submitted on behalf of the applicants that none ofthe applicants are named in the FIR despite the factum that in the
MLC and the FIR it was mentioned that there was an assault by known person. It was further submitted on behalf of the applicants that the co-accused Suresh, Shankar and Vinod have already been granted bail by the Sessions Court and no useful purpose will be served by incarceration ofthe applicants incustody.
.On behalf of the State, the application of the applicant Arun is
^ vehemently opposed submitting to the effect that the injured
Deepankar and Ashutosh who had been allegedly assaulted have suffered grievous injuries on the parietal region as per MLC No.7295
B.A.Nos.2235/2017,2250/2017,2252/2017,2259/20l'7, 2275/2017 page4 of6 and MLC No.7299 of JPC Hospital, Shastri Park, Delhi coupled with the factum that the bat and base ball used in the commission of the offence are yet.to be recovered and that furthermore the injured
Deepankar had remained in hospital for eight days.
The statement under Section 161 of Cr.P.C. of the injured
Deepankar dated 4.8.2017 i.e. one day after the alleged incident indicates that he was unable to make a statement on 3.8.2017 due to
• his injuries and that thereafter his statement was recorded on
4.8.2017.
O ' ' Without any observations on the merits or demerits of the case taking into account the statement under Section 161 Cr.P.C. of
Deepankar and the allegations against Arun and Shivam inrelation to the assault made by them on him and the nature of injuries sustained and the opposition of the learned APP for the State, submitting that the recoveries of the weapons of offence have yet to be made, taking the facts and circumstances into account, presently
\ there is no ground for grant ofanticipatory bail totheaccused Arun.
As regards all other accused persons i.e. Dinesh Kumar, Karan
Kumar, Rakesh Kumar and Arjun Kumar it has been stated on behalf of the State that there are no recoveries sought to be effected from them. Inspector Badruddin, the Investigating Officer in reply to a
^ specific court query stated that there are no previous adverse antecedents againstthe four applicants.
Since ithas already been submitted on behalfofthe State that
B.A.Nos.2235/2017,2250/2017,2252/2017,2259/2017, 2275/2017 page 5of6 no recovery is sought to be effected from them, the applicants Dinesh
Kumar, Karan Kumar, Rakesh Kumar and Arjun Kumar, in the event ofarrest, are allowed to be released subject to their furnishing personal bonds in the sum of Rs.50,000/- each with one surety of the like amount each to the satisfaction of the trial court subject to the conditions that the applicants shall not intimidate the witnesses in any manner and shall not tamper with the evidence and shall not leave the country without the permission of the Trial Court and shall join the investigation, as and when required.
Dasti. --— • ' - ft
ANU MALHOTRA, J NOVEMBER 24, 2017 aj ^ B.A.Nos.2235/2017,2250/2017,2252/2017,2259/2017, 2275/2017 age6of6
24.11.2017 Vide the present applications Bail Applications No.2235/2017, 2250/2017, 2252/2017, 2259/2017 and 2275/2017, the applicants
Arun Malik, Dinesh Kumar, Karan Kumar, Rakesh Kumar and Arjun
Kumar respectively seek grant of anticipatory bail submitting, inter alia, that the applicants have been falsely implicated in the FIR NO. 777/2017 under Sections 308/34 IPG,' 1860 P.S. New Usmanpur, Delhi which they submit is a counterblast to FIR No.776/2017 P.S.
New Usmanpur, Delhi stated to have been registered prior to the registration of the present FIR registered on the complaint of Shri
' Suresh Kumar, a relative of the present applicants. It has further been submitted on behalfof the applicants that there were sixpersons i.e. relatives of the complainant and the complainant Shri Suresh
Kumar who had been injured and it has been further submitted on behalfofthe applicants that the father ofthe complainant ofFIR
B.A.Nos.2235/2017,2250/2017,2252/2017,2259/2017, 2275/2017 page 3of6
No.777/2017 is also trying to exert influence and pressure being associated with the Prosecution Branch ofthe Karkardooma Courts.
It has also been submitted on behalf of the applicants whilst placing reliance on the averments made in theFIR'in question to the effect that there was blood found outside the house No.C-52/40, Gali
No.6, Gamri.Extn, 5^^ Pusta, Delhi which is the house of the complainant in FIR No.776/2017 registered at P.S. New Usmanpur registered on the complaint ofa relative ofthe applicants. It has also been submitted thatthe blood sample hasbeen taken from outside the
4 said house of the applicants', relative and furthermore the FIR
' No.777/2017 is an indicator to the effect that the injured did not give any statement on the same day despite the Police having made an attemptto record the same.
It has also been submitted on behalf of the applicants that none ofthe applicants are named in the FIR despite the factum that in the
MLC and the FIR it was mentioned that there was an assault by known person. It was further submitted on behalf of the applicants that the co-accused Suresh, Shankar and Vinod have already been granted bail by the Sessions Court and no useful purpose will be served by incarceration ofthe applicants incustody.
.On behalf of the State, the application of the applicant Arun is
^ vehemently opposed submitting to the effect that the injured
Deepankar and Ashutosh who had been allegedly assaulted have suffered grievous injuries on the parietal region as per MLC No.7295
B.A.Nos.2235/2017,2250/2017,2252/2017,2259/20l'7, 2275/2017 page4 of6 and MLC No.7299 of JPC Hospital, Shastri Park, Delhi coupled with the factum that the bat and base ball used in the commission of the offence are yet.to be recovered and that furthermore the injured
Deepankar had remained in hospital for eight days.
The statement under Section 161 of Cr.P.C. of the injured
Deepankar dated 4.8.2017 i.e. one day after the alleged incident indicates that he was unable to make a statement on 3.8.2017 due to
• his injuries and that thereafter his statement was recorded on
4.8.2017.
O ' ' Without any observations on the merits or demerits of the case taking into account the statement under Section 161 Cr.P.C. of
Deepankar and the allegations against Arun and Shivam inrelation to the assault made by them on him and the nature of injuries sustained and the opposition of the learned APP for the State, submitting that the recoveries of the weapons of offence have yet to be made, taking the facts and circumstances into account, presently
\ there is no ground for grant ofanticipatory bail totheaccused Arun.
As regards all other accused persons i.e. Dinesh Kumar, Karan
Kumar, Rakesh Kumar and Arjun Kumar it has been stated on behalf of the State that there are no recoveries sought to be effected from them. Inspector Badruddin, the Investigating Officer in reply to a
^ specific court query stated that there are no previous adverse antecedents againstthe four applicants.
Since ithas already been submitted on behalfofthe State that
B.A.Nos.2235/2017,2250/2017,2252/2017,2259/2017, 2275/2017 page 5of6 no recovery is sought to be effected from them, the applicants Dinesh
Kumar, Karan Kumar, Rakesh Kumar and Arjun Kumar, in the event ofarrest, are allowed to be released subject to their furnishing personal bonds in the sum of Rs.50,000/- each with one surety of the like amount each to the satisfaction of the trial court subject to the conditions that the applicants shall not intimidate the witnesses in any manner and shall not tamper with the evidence and shall not leave the country without the permission of the Trial Court and shall join the investigation, as and when required.
Dasti. --— • ' - ft
ANU MALHOTRA, J NOVEMBER 24, 2017 aj ^ B.A.Nos.2235/2017,2250/2017,2252/2017,2259/2017, 2275/2017 age6of6
JUDGMENT