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BAIL APPLN. 2127/2015
SAURABH SAINI Petitioner
Through: Mr.AtuI Ahlawat, Advocate.
Through:
Respondent Ms.Kusum Dhalla, APP for the State with SI Mukti, PS Mehrauli.
Mr.V.K.Khatri, Advocate with complainant in person.
GURINDER DHAWAN Petitioner
Through: Mr.AtuI Ahlawat, Advocate.
Through:
Respondent Ms.Kusum Dhalla, APP for the State with SI Mukti, PS Mehrauli.
Mr.V.K.Khatri, Advocate with complainant in person.
12.02.2016
ORDER
1. By way of these two applications filed under Section 438 Cr.P.C., the petitioners Saurabh Sainiand Gurinder Dhawanare seekinganticipatory bail in case FIR No.874/2015 under Sections 365/506/34 IPG, PS Shalimar Bagh, Delhi.
2. Arguments on the bail applications i.e. these two bail applications bearing No.2127/2015 & 2364/2015 as well as connectedbail applications BailAppln. Nos.2127 &2364of2015 Page 1 of[3] 2016:DHC:8208 bearing No.574/2016 & 2125/2015 moved by Satish Saini, were heard on 03.02.2016 and all the bail applications werereserved for orders. However, lateronthe bail applications were listed for directions.
3. Today the connected bail applications bearing No.574/2016 & 2125/2015 moved by Satish Saini have beendismissed aswithdrawn.
4. Mr.N.Hariharan, Senior Advocate for the petitioners has submitted that case FIR No.874/2015 under Sections 365/506/34 IPC, PS Shalimar Bagh has been registered on the basis of statement made by mother of 'P' (name withheld to conceal her identity), who is complainant/prosecutrix in case FIR No.2645/2014 under Sections 376/506/509 IPC, PS Mehrauli. In this case, the only allegation against the petitioners is that she suspected that Saurabh Saini and Gurinder Dhawan also came to the place where 'P' was kept after her kidnapping. Learned Senior Advocate for the petitioners has further submitted that CDR of the petitioners have also been analysed and their locationwas not found at the place where she was allegedly kept. The allegations are mainly against Satish Saini, who is father of petitioner Saurabh Saini and friend of petitionerGurinder Dhawan. Another case FIR No.1959/2015 under Sections 506/509/34 IPC, PS Mehrauli was also registered on the complaint of 'P' to implicate Satish Saini as well as Anju Saini and Saurabh Saini - his wife and son and his friend Gurinder Dhawan. They have already been released on bail in that case. Thereafter this FIR No.874/2015 has been registered at the behest of Prosecutrix to falsely implicate the family members and friend ofmain accused Satish Saini and to ensure that they are denied anticipatory bail/protection from arrest.
5. In the status report submitted by the State, reference has been made to the statement recorded under Section 164 Cr.P.C. made by 'P' before Bail Appln. Nos.2127 & 2364 of2015 Page 2 of[3] learned MM wherein she has stated that one day she suspected Gurinder Dhawan and Saurabh Saini also came to the placewhere she was kept. It is further mentioned in the status report that during investigation, analysis of the CDR in respect of mobile of petitioner did not confirmthis fact.
6. Taking into consideration that the petitioners have already been released on bail in case FIR No.1959/2015 under Sections 506/509/34 IPG, PSMehrauli and inthis case there isonly a suspicion expressed byherabout theirpresence at the place where 'P' was keptwhich could not be confirmed during investigation, it is directed that in the event of arrest the petitioners shall be released onbail ontheireach furnishing personal bond in thesum of ?50,000/- with one surety each of the like amount to the satisfaction of concerned lO/SHO. However, the petitioners are directed to join the investigation asand when required by theInvestigating Officer.
7. The applications stand disposedof. As prayed, copy of the order be given dasti to learned counsel for the parties.