BAIL APPLN./2000/2016 of BHUVNESH SHARMA Vs THE STATE (NCT OF DELHI)

*INTHEHIGHCOURTOFDELHIATNEWDELHI+BAIL APPLN. 2000/2016BHUVNESH SHARMA..... Petitioner

..... PetitionerThrough :Mr. J. K. Sharrma and Mr. DeepakChauhan, Advs.

versus

THE STATE (NCT OF DELHI)

..... RespondentThrough :Ms. Neelam Sharma, APP with SIVirender PS Vijay Vihar.

CORAM:HON'BLE MR. JUSTICE A.K. PATHAK

O R R28.09.2016

Learned counsel for petitioner submits that FIR has been registeredafter four months of the incident. Immediately, after the incident, thecomplainant did not make any statement before the Investigating Officer.After five months, he has alleged that on 15[th]May, 2016 when he asked thepetitioner to return the money, he became furious and started abusing him.Petitioner’s friend Sanjay (co-accused) came there and removed `15,000/-from his pocket forcibly while petitioner caught hold of his hands. Though,complainant has alleged that knife blow was given but as per the MLC, therewas fracture in the hand of complainant. Complainant had issued legalnotice to petitioner on 27[th]June, 2016 wherein no reference of the present

incident has been made.

Learned additional public prosecutor submits that complainant did notmake any statement immediately after the incident as talks of settlementwere going on between him and the petitioner.Earlier injuries were opinedsimple but later on second opinion was sought and injury has been opined asgrievous.

Keeping in mind the totality of facts and circumstances, it is orderedthat in case of arrest, petitioner be released on bail upon his furnishing apersonal bond in the sum of `20,000/- (Rupees Twenty Thousand Only)with one surety of the like amount to the satisfaction of ArrestingOfficer/Investigating Officer/SHO concerned.Petitioner shall, howeverco-operate in the investigation and appear before the Investigating Officer asand when he is called upon to do so.

Bail application is disposed of in the above terms.

SEPTEMBER 28, 2016/dk

A.K. PATHAK, J.