BAIL APPLN./2789/2015 of GAURAV KUMAR ANR Vs STATE (NCT OF DELHI)

IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 2789/2015GAURAV KUMAR ANR..... PetitionersGAURAV KUMAR ANR..... Petitioners

Through:Mr. A.K. Dubey, Adv.versusversus

STATE (NCT OF DELHI)..... RespondentThrough:Mr. Akshay Malik, Adv.Through:Mr. Akshay Malik, Adv.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAKO R RO R R%12.07.2016

Petitioners seek anticipatory bail. It is submitted that petitioners havebeen falsely implicated. Petitioners have joined the investigation and theyhave cooperated with the investigation. They are not required for furtherinvestigation.It is submitted that complainant molested with the wife ofpetitioner no.2, when she along with petitioner no.2 went to the shop ofcomplainant for getting the mobile phone recharged.FIR 1225/15 underSections 354/354(A)/323/ 341/34 IPC was registered at police stationBegum Pur on the complaint of wife of the petitioner.Immediately,thereafter, present FIR 1227/15 was got registered by the complainantagainst the petitioners on the false allegations. Learned counsel has placedreliance on Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors.

2011 CRI. L.J. 3905 to contend that bail has to be granted to the petitioners

as they are not required for investigation.

Learned APP for the State has opposed the bail application. He hascontended that complainant has specifically alleged in the FIR that 3-4 boyscame to his shop for getting the mobile phone recharged and when he toldthem that re-charge coupons were not available they quarrelled with him.Thereafter, they went away and came back with 14-15 persons and gavebeatings to the complainant, his brother Ankit and friend Surender bydandas, iron pipes etc., as result whereof complainant, Ankit and Surendersustained inquiries. They also broke the counter of the shop and took away`60,000/-,re-chargecoupons,sixMicromaxmobilephonesetc.Complainant has specially named the petitioners and Sukhbir. Learned APPfurther submits that danda has been recovered. However, remaining articlesare yet to be recovered.Custodial interrogation is required. It is furthersubmitted that Arun Goel has sustained grievous injuries; whereas Ankit,Surender and Sajjan have received simple injuries.

Keeping in mind totality of the circumstances, I am of the view thatpetitioners are not entitled to anticipatory bail. Bail application is dismissed.

JULY 12, 2016/ga

A.K. PATHAK, J.