Mukesh Kumar v. State

Delhi High Court · 14 Dec 2016 · 2016:DHC:8751
I. S. Mehta
BAIL APPLN.2279/2016
2016:DHC:8751
criminal appeal_allowed

AI Summary

The Delhi High Court granted anticipatory bail to the petitioner in a case involving charges under Sections 308, 323, and 34 IPC, emphasizing his cooperation with the investigation and the existence of a cross-FIR.

Full Text
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HIGH COURT OF DELHI
BAIL APPLN.2279/2016
MUKESH KUMAR
Petitioner
Through: Mr.Ravin Rao,Advocate.
VERSUS
STATE
Respondent
Through: Mr.Raghwinder Varma,APP for State with SI Nikhil Singh, P.S.
Kanjhawala,Delhi.
Mr.Saurabh Sharma, Advocate for complainant.
CORAM:
HON'BLE MR.JUSTICE I.S.MEHTA
ORDER o/o 14.12.2016 Casetaken uptoday,as 12^^ December,2016 was declared a holiday.
This is an application under Section 438 Cr.P.C.filed on behalfofthe petitioner Mukesh Kumar for grant of anticipatory bail in case FIR
No.418/2016, under Sections 308/323/34 IPC,registered at Police Station
Kanjhawala,Delhi.
Counsel for the petitioner has submitted that the petitioner is an innocent person having no nexus with the allegations made in the FIR bearing No.4I8/2016, under Sections 308/323/34 IPC, P.S. Kanjhawala, Delhi.Learned counsel further submits thatthe allegations made in the FIR are false and baseless. Counsel further submits that the injured too has got registered a cross-FIR bearing FIR No.417.2016, under Sections
2016:DHC:8751 H 323/341/506/34 IPC, P.S. Khyala, Delhi. Learned counsel further submits that the petitioner has already joined the investigation and nothing is recovered from or at the instance ofthe present petition and submits thatthe petitioner may be released on anticipatory bail.
Learned APP for the State,on the other hand,opposes the present bail application.However,it is stated in the status reportthatthe injured has also got registered a cross-FIR against the present petitioner bearing FIR
No.417/2016,under Sections 323/341/506/34 IPC at Police Station Khyala, Delhi.It is further stated in the status reportthat the petitioner hasjoined the investigation.
Keeping in view the facts and circumstances and the fact that the petitioner has joined the investigation and nothing is required from his possession,the petitioner is further directed tojoin the investigation and in the event of his arrest, the petitioner shall be released on bail, on his furnishing bail bond in the sum of Rs.10,000/- with one surety ofthe like amount,to the satisfaction oftheInvestigating Officer/SHO concerned.
The present application stand disposed ofin the aboveterms.
Copy ofthis order be given dasti,as prayed. rMEHTA,J
DECEMBER 14,2016 'dc' 2016:DHC:8751
JUDGMENT