BAIL APPLN./1063/2019 of RAJENDER Vs STATE(GNCT OF DELHI)
Parties
- BAIL APPLN./1063/2019 of RAJENDER (PETITIONER)
- STATE(GNCT OF DELHI) (RESPONDENT)
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Statutes cited (2)
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Hemant Chauhan, Mr. MuneshChauhan and Mr. Sharad Singh,Advs.
versusDELHI) Through:
STATE(GNCT OF DELHI)
RespondentMs. Meenakshi Chauhan, APP withW/ASI Usha Devi, P.S. Mundka.
CORAM:HON'BLE MR.
JUSTICE A.K. PATHAKORDER
26.04.2019
Learned counsel for the petitioners submits that complainant is theirneighbour. On 14.03.2019 at about 11:30 pm complainant's fatherquarrelled with Himanshu wherein he gave knife blows to Himanshuresulting injuries to him. Himanshu got the FIR No. 105/2019 registered atpolice station Mundka on 15.03.2019 against the father of complainant.Father of the complainant was arrested. It is further submitted that as acounter blast, present FIR No. 132/2009 has been lodged by the complainantalleging therein that petitioners, armed with axe, hammer, baseball bat andknife, had forcibly entered in her house and attacked them; they also tornclothes of her mother, inasmuch as, molested her. It is further submitted thatpresent FIR was got registered by the complainant on 02.04.019 in respectof the incident dated 14.03.2019. There is delay in lodging the present FIRwhich has been lodged as counter blast to the FIR lodged by Himanshu on
15.03.2019 itself, that is, immediately after the incident. As per petitioners,the incident took place in the street as well as in their house. However,complainant has shown the incident to had taken place in her house.
Learned APP, who is assisted by the counsel for the complaint, hasopposed the grant of anticipatory bail to the petitioners. It is contended thatpetitioners had forcibly entered in the house of complainant on 14.03.2019and attacked them. However, during the course of hearing, it is admittedthat no complaint was made by the complainant in the police station till20.03.2019 regarding the above-mentioned incident.
Keeping in mind totality of the facts and circumstances of this case, itis ordered that in case of arrest petitioners be released on bail, subject totheir furnishing personal bond in the sum of ^20,000/- each with onesurety each in the like amount to the satisfaction of the ArrestingOfficer/Investigating Officer/SHO of the concerned police station.
Above noted bail applications are disposed of in the above terms.Miscellaneous applications are disposed of as infructuous.
Dasti.
A.K. PATHAK, J.
APRIL 26, 2019/ga