Virender Singh; Desh Raj & Anr v. State of Delhi

Delhi High Court · 30 Sep 2016 · 2016:DHC:8689
Mukta Gupta
BAIL APPLN. 1909/2016 & BAIL APPLN. 1804/2016
2016:DHC:8689
criminal appeal_allowed

AI Summary

Delhi High Court granted anticipatory bail to petitioners accused of assault with sharp weapons, citing minor injuries and procedural lapses in investigation.

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V- HIGH COURT OF DELHI
BAIL APPLN. 1909/2016
VURENDER SINGH
Petitioner Represented by: Mr. Muhammad Arif, Adv.
VERSUS
STATE OF (NOT) DELHI Respondent Represented by: Ms. Rajni Gupta, APP with
ASl Harbir Singh PS Karawal, Nagar.
BAIL APPLN. 1804/2016
DESHRAJ& ANR Petitioner Represented by: Mr. Muhammad Arif, Adv.
VERSUS
STATE OF NOT DELHI
Respondent Represented by: Mr. Hirein Sharma, APP with
ASl Harbir Singh PS Karawal Nagar.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
30.09.2016 By the two petitions the petitioners Virender Singh, Desh Raj and
Vinod Kumar seek anticipatory bail in case FIR No. 271/2016 under
BAIL APPLN. 1909/2016 & BAIL APPLN. 1804/2016
2016:DHC:8689 Sections 323/324/308/506/504/354/34 IPG registered at PS Karawal Nagar. th
The allegations in the complaint got recorded on 11 August, 2016 are that on 8^^ August, 2016 at 8.00 AM when the complainant was present at her house one sweeper came and told her that she had four buffalows and she was throwing their dung in the drain resulting in the chocking thereof
In the meantime son ofAnari Devi a juvenile came there and beat her with a danda. When she tried to contact Anari Devi to apprise her ofthe acts ofher son, Anari Devi also started beating her. In the meantime her daughter came at the spot and Anari Devi and her son attacked her daughter and misbehaved with her. Thereafter Virender, Vinod and Desh Raj the three petitioners herein and relatives of Anari Devi came at the spot and attacked them by sharp-edged weapons and threatened them of dire consequences.
As per the MLC Sudesh has received one lacerated wound, one incised wound on the left hand and abrasion on the right hand. The injuries to the daughter of Sudesh are a lacerated wound on skull and abrasion on both the arms. It is thus apparent that there is only one incised wound on the
,left hand of Sudesh.
.t Despite the fact that the MLC was prepared on 8 August, 2016 the investigating officer ASI Harbir Singh has not bothered to collect the final opinion on the MLC ofthe two injured.
Considering that the allegations against the three petitioners are of attacking by sharp weapons and there is only one sharp injury, I deem it fit to grant anticipatory bail to the petitioners. Anari Devi, the main accused has already been released on anticipatory bail by the learned Additional
Sessions Judge. It is therefore directed that in the event of arrest the
BAIL APPLN. 1909/2016 & BAIL APPLN. 1804/2016 petitioners be released on bail on their furnishing a personalbond in the sum of ^25,000/- each with one surety each of the like amount subject to the satisfaction of the Arresting Officer/ SHO concerned, further subject to the conditionthat they willjoin the investigation as and when directed.
Petitions are disposed of. Order dasti.
Copy of this order be sent to the Joint Commissioner of Police, North
East District, Eastern Range.
MUKTA GUPTA, J.
SEPTEMBER 30,2016 'ga'
BAIL APPLN. 1909/2016 &BAIL APPLK 1804/2016 page3 of3
JUDGMENT