BAIL APPLN./2373/2018 of MOHD. ZAMEER Vs THE STATE ( GOVT OF NCT OF DELHI)

*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 2373/2018MOHD. ZAMEER..... Petitioner

..... Petitioner

ThroughMr. Ashok Barnwal, Adv

versus

THE STATE ( GOVT OF NCT OF DELHI)

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

CORAM:

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

%09.10.2018

Learned counsel for petitioner submits that the petitioner hasbeen falsely implicated in this case by the complainant in view of thepast enmity between his son and the complainant. In the year 2008complainant lodged FIR under section 376 IPC against the petitoner’sson. However, compromise was arrived at between the petitionerand complainant as his son had agreed to marry the daughter ofcomplainant. Consequently, the said FIR was quashed. However,marriage could not be solemnized as petitioner’s son was involved ina murder case registered in the year 2009 at police station Gogridistrict Khagriya, Bihar. Complainant got his daughter married tosomeone else; however, he continued to nurse grudge against thepetitioner and his son. Complaint made call at number 100 falselyalleging that petitioner and his son along with some other persons had

quarrelled with him and barged into his house and gave beatings tohim.No FIR was registered as there was no substance in the saidcomplaint. Thereafter, complainant approached learned MetropolitanMagistrate and present FIR was registered on 30[th]July, 2018 pursuantto the directions of the court.

Keeping in mind 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