BAIL APPLN./872/2017 of SMT PINKI Vs THE STATE GOVT OF NCT OF DELHI

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+BAIL APPLN. 872/2017

SMT PINKI

..... Petitioner

ThroughMr.C.M. Thapliyal, Mr.S.P. Paul andMs.Kiran Lata Pal, Advs.

versus

THE STATE GOVT OF NCT OF DELHI

..... Respondent

ThroughMr.Kewal Singh Ahuja, APP with SIManoj Singh, PS Mehrauli.

CORAM:HON'BLE MR. JUSTICE P.S.TEJIO R R%11.05.2017

Crl.M.A. 7812/2017 (Exemption)

Application is allowed subject to just exceptions.

Bail Appln. 872/2017

The present application has been filed under Section 438Cr.P.C. for the grant of anticipatory bail in FIR No.1623/2016, underSections 308/506/34 IPC, Police Station Mehrauli.

As per FIR, the allegations are that the petitioner caught hold ofthe injured from the back side whereas co-accused Rahul caused headinjury to the injured with danda and thereafter accused Pinki,Shivani and Rahul threatened the injured to vacate the premises.

An anticipatory bail application was moved before the Court ofSession which came up for hearing on 17.04.2017.The bailapplication was declined on the ground that the opinion on the MLC

has not been taken. Perusal of FIR shows that the incident is dated16.10.2016 and the Investigating Officer has submitted that theopinion on the MLC of the injured is yet awaited.

The admitted position is that the petitioner happened to be alady and no injury or weapon is attributed to her.It has beeninformed by the Investigating Officer that the co-accused who causedinjury, namely, Rahul was arrested on 11.04.2017 and is alreadybehind the bars.

Keeping in view the role attributed to the petitioner whohappened to be lady particularly when the opinion on the nature ofinjury is nothing to do with the petitioner as the injury is notattributed to her, the present application is allowed. It is herebyordered that in the event of arrest of the accused /petitioner, she bereleased on furnishing the personal bond in the sum of Rs.15,000/-with one surety each in the like amount to the satisfaction of thearresting officer. The petitioner is directed to join the investigation asand when required. She is directed not to tamper with the evidenceand not to influence the prosecution witnesses. She is further directednot to leave the country without prior permission of the Courtconcerned.

Before parting with the order, this Court would like to place iton record by way of abundant caution that whatever has been statedhereinabove in this order has been so said only for the purpose ofdisposing of the prayer for bail made by the petitioner. Nothingcontained in this order shall be construed as expression of finalopinion on any of the issues of fact or law arising for decision in the

case which shall naturally have to be done by the Trial Court seizedof the trial.

The application is accordingly allowed and disposed of.

MAY 11, 2017dd

P.S.TEJI, J