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$3 & 4 HIGH COURT OF DELHI
BAIL APPLN. 372/2017
SHAMSUDDIN Petitioner
Through: Mr. W.R.Khan, Advocate
BAIL APPLN. 372/2017
SHAMSUDDIN Petitioner
Through: Mr. W.R.Khan, Advocate
VERSUS
STATE Respondent
Through: Mr. Akshai Malik, APP with SI Vineeta
Prasad, PS Subhash Place
Through: Mr. Akshai Malik, APP with SI Vineeta
Prasad, PS Subhash Place
BAIL APPLN. 379/2017
MOHD IRSHAD Petitioner
Through: Mr. W.R.Khan, Advocate
MOHD IRSHAD Petitioner
Through: Mr. W.R.Khan, Advocate
VERSUS
STATE Respondent
Through: Mr. Akshai Malik, APP with SI Vineeta
Prasad, PS Subhash Place
Through: Mr. Akshai Malik, APP with SI Vineeta
Prasad, PS Subhash Place
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA 1'Dfl1'D 22.05.2017
The petitioner Shamsuddin is the elder brother of the husband of the first informant (jeth) while the other petitioner, Mohd. Irshad, is the husband of the sister of the husband of the first informant
(nandoi). In the FIR lodged on 24.03.2016 vide no.260/16 of police station Subhash place, allegations were made for offence under
Section 498A, 34 IPC. The petitioners admittedly had separate
The petitioner Shamsuddin is the elder brother of the husband of the first informant (jeth) while the other petitioner, Mohd. Irshad, is the husband of the sister of the husband of the first informant
(nandoi). In the FIR lodged on 24.03.2016 vide no.260/16 of police station Subhash place, allegations were made for offence under
Section 498A, 34 IPC. The petitioners admittedly had separate
BAIL APPLN. 372/2017 & 379/2017 page 1 of3
II
2017:DHC:8425 residences from that of the husband of the first informant. She came with a fresh complaint on 16.01.2017, almost ten months after lodging the FIR and thereafter made a statement under Section 164
Cr. PC on 23.01.2017 wherein she made allegations against the petitioners about they having subjected her to forcible sexual intercourse including against the nature thereby attracting offences under Sections 376 / 377 IPC.
Having regard to the fact that the allegations were not made in the FIR but have come up after a long gap with no clear explanation coming to the fore till date for the omission to so allege in the first instance, the petitioners having joined investigation in terms of the previous orders on these petitions, it is a fit case where the petitioners deserve due protection. Therefore, the petitions are allowed. It is directed that in the event of they being arrested in case FIR
No.260/2016 under Sections 498A/406/34 IPC of police station
Subhash Place, the petitioners Shamsuddin and Mohd. Irshad shall be released on bail on they furnishing personal bonds in the sum of
Ok Rs.20,000/- with one surety each in like amount to the satisfaction of the arresting officer subject to the conditions that they shall continue cooperating with the investigation and join the same as and when called upon to do so and shall not come in contact with or try to influence any of the witnesses connected to the case.
It is made clear that this order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being issued
II
2017:DHC:8425 residences from that of the husband of the first informant. She came with a fresh complaint on 16.01.2017, almost ten months after lodging the FIR and thereafter made a statement under Section 164
Cr. PC on 23.01.2017 wherein she made allegations against the petitioners about they having subjected her to forcible sexual intercourse including against the nature thereby attracting offences under Sections 376 / 377 IPC.
Having regard to the fact that the allegations were not made in the FIR but have come up after a long gap with no clear explanation coming to the fore till date for the omission to so allege in the first instance, the petitioners having joined investigation in terms of the previous orders on these petitions, it is a fit case where the petitioners deserve due protection. Therefore, the petitions are allowed. It is directed that in the event of they being arrested in case FIR
No.260/2016 under Sections 498A/406/34 IPC of police station
Subhash Place, the petitioners Shamsuddin and Mohd. Irshad shall be released on bail on they furnishing personal bonds in the sum of
Ok Rs.20,000/- with one surety each in like amount to the satisfaction of the arresting officer subject to the conditions that they shall continue cooperating with the investigation and join the same as and when called upon to do so and shall not come in contact with or try to influence any of the witnesses connected to the case.
It is made clear that this order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being issued
BAIL APPLN. 372/2017 & 379/2017 against them by the court of cognizance.
Dasti.
MAY 229 2017 yg
Dasti.
MAY 229 2017 yg
BAIL APPLN. 372/2017 & 379/2017 page 3 of3
6'
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JUDGMENT