Shahnawaj v. The State

1 By these petitions the petitioners seek anticipatory bail in case FIR No. 129/2016 under Sections 354/354B/452/323/427/34 IPG registered at F'S Seemapuri. l^AILAPPLNs.288/2016iSi 353/2016 page1of[3] 2017:DHC:8380 bi-( \MJ P d; hi gi thai ho do dii 3. Nb c Sh al F[1] c o hi Sh af; thj Allegations in the FIR against the petitioners recorded on the iljatement ofthe injured victim are that on 26^ January,2016 her younger other had heated exchange ofwords with Noor Alam,however the matter as sorted out. After some time Noor Alam and his brother Shahnawaj etitioner in Bail Application No. 288/2016 came out with iron Palta and iiinda in their hands and caught hold ofher brother Noor Alam and attacked m with Palta. When the Complainant's father tried to save his son,he was ven fist blows and beatings by danda by Shahnawaj. It is further alleged it in the meantime Shahanshah, Sarfaraz and Nafis Ahmed entered the iuse forcibly and the allegations against Nafis Ahmed are oftearing her »thes, whereas Sarfaraz and Shahnawaj caught hold of her hair and agged her out ofthe room. As per the status report, simultaneously while registering FIR.129/2016 on the above said complaint, FIR was also lodged on the cmplaint of Shahnawaj who received grievous injuries. Version of ahnawaj in FIR No.132/2016 was that on 26"^ January, 2016 a verbal creation took place between the brother ofthe complainant in the present R and the petitioner Shahnawaj's nephew Sameer. The mother of the cmplainant in the present FIR abused at 2.45 PM. When he went to sort the issues and was on the road outside,Imtiyaz caught hold ofhim and; him with a screw driver on his ear. The brother of Shahnawaj i.e. ahanshah saved him by calling other people, however Imityaz ran away;er inflicting injury to Shahnawaj. Both the injured Shahnawaj and Anas, brother of the complainant were admitted in the hospital at the same It tine. BAIL APPLNs.288/2016 353/2016 page2of[3] % u It is thus apparentthat on a quarrel which had taken place between the parties cross-FIRs have been registered and which ofthe parties is aggressor can be determined only during the course of trial. The petitioners have alreadyjointed investigation.

5. Considering the facts and circumstances ofthe case and the fact that Shahnawaj received grievous injuries, this Court deems it fit to grant anticipatory bail to the two petitioners. It is therefore directed that in the event of arrest, the petitioners be released on bail on their furnishing a personal bond in the sum of^25,000/- each with one surety each ofthe like amount subject to the satisfaction ofthe Arresting Officer/ SHO concerned, iirther subject to the condition that they will join the investigation as and when directed and will not leave the country without the prior permission of i;he Court concerned and in case of change of address the same will be ntimated to the Court concerned by way ofan affidavit. Petitions and application are disposed of. Order dasti.

MUKTA GUPTA,J. FEBRUARY 28,2017 ga' ^AIL APPLNs.288/2016& 353/2016 page3of[3]