BAIL APPLN./2369/2018 of FAYAZ Vs THE STATE ( GOVT NCT OF DELHI)

*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 2369/2018FAYAZ..... Petitioner

..... Petitioner

ThroughMr. Ashok Barnwal, Adv

versus

THE STATE ( GOVT NCT OF DELHI)

..... Respondent

ThroughDr. M.P. Singh, APP for StateSI Vikram Singh, PS Punjabi Bagh

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAKO R R%09.10.2018

It is submitted that complainant has falsely implicated thepetitioner on account of past enmity. It is submitted that FIR wasnotregisteredbytheSHOofpolicestationPunjabiBagh.Subsequently,complainantapproachedlearnedMetropolitanMagistrate and pursuant to the directions of learned MetropolitanMagistrate passed under section 156 (3) Cr.P.C., present FIR wasregistered on 13[th]July, 2018 in respect of an incident that allegedlytook place in the intervening night of 13[th]& 14[th]July, 2017. It isstated that the complainant had earlier lodged an FIR No.481/2008under section 376 IPC at police station Saraswati Vihar. In the saidcase compromise was reached whereby petitioner had agreed tomarry daughter of the complainant. However, marriage could not be

solemnized as complainant was subsequently involved in murdercase registered in the year 2009 at police station Gogri districtKhagriya, Bihar. Eventually, complainant got her daughter married tosomeone else; however, he continued to nurse grudge against thepetitioner.

Keeping in mind the totality of the facts and circumstances, it isordered that in case of arrest, petitioner be released on anticipatorybail subject to his furnishing personal bond in the sum of `25,000/-(Rupees Twenty Five Thousand Only) with one surety of the likeamount to the satisfaction of the Investigating Officer/ArrestingOfficer/SHO concerned.

Petitioner shall, however, cooperate in the investigation andappear before the Investigating Officer as and when he is called uponto do so. Bail application is disposed of in the above terms.Dasti.

OCTOBER 09, 2018sm

A.K. PATHAK, J