Delhi High Court - Orders
Ankit vs State (N.C.T. Of Delhi on 29 March, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~16 & 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3515/2021
ANKIT ..... Petitioner
Through: Mr. Manoj Pant, Adv.
versus
STATE (N.C.T. OF DELHI ..... Respondent
Through: Ms. Meenakshi Chauhan, APP for
State
+ BAIL APPLN. 4031/2021
MURTI ..... Petitioner
Through: Mr. Manish Kumar, Adv.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Ms. Meenakshi Chauhan, APP for
State
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 29.03.2022 BAIL APPLN. 3515/2021 This is an application seeking anticipatory bail in FIR No. 258/2021 dated 29.04.2021, registered at P.S. Ambedkar Nagar, Delhi u/s 308/34 IPC.
When the matter came up before this Court on 29.09.2021, while noting that the applicant will join investigation, interim protection was granted to the applicant, where no coercive action was to be taken against him.
The applicant is a 21 year old student pursuing his graduation from IGNOU university. The petitioner is a person of clean antecedents and has no case civil or criminal pending against him.
It has been stated that out of the persons named in the FIR No. Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:04.04.2022 20:13:39 258/2021 dated 29.04.2021, Shashi Kumar and John Messy@ Illu have already been granted regular bail and Jatin Kumar, Amit Naidu and Honey Soni have been granted anticipatory bail by the Sessions Court.
It is alleged that the complainant has been changing his statement from the one recorded on 29.04.2021. The complainant on 29.04.2021 had alleged that at about 06:00 P.M. while he was strolling in the park at Madangir, 12 to 15 asailants, namely Satish, Shashi, Sunny, Neeraj, Murti, Illu, Ankit, Daalchand and others with sticks, iron rods and heavy hammers in two groups came to the park and attacked the complainant.
Subsequently, the version of the complainant during investigation changed, wherein it has been recorded in his statement on 10.05.2021, that he was brought to the park on 28.04.2021at gunpoint by the 3 accused after he had returned to his house after strolling his dog.
He stated that initially he was assaulted on his head and body by a rod and a danda by 4 persons, but as per the status report, the injury is described as under:
"Then an intimation vide GO No. 21 A was received in PS .Ambcdkar Nagar regarding admission of one Suraj S/o Sh. Tangwel r/o II-)'''233 Madangir, New Delhi on MLC No. 132030/2021 in Safdarjung Hospital. The MLC of the injured Suraj was obtained and the doctor opined A/H/0 assault & injuries:- (a) Lacerated wound 10x3 above left ankle, actively bleeding, bone visible, (b) Laceration 2x1 over L-Knee, (c) puncture wound - aspect of leg 10 cm below knee, (d) Laceration 8x3 cm - medical aspect of R leg, (e) puncture wound - aspect of L Leg, (t) Ring finger of L hand de-formality,
(g) L- wrist de-formality & doctor has opined nature of injuries Pending and opinion is still awaited."
Thus, there is no injury on the head as per the MLC.
Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:04.04.2022 20:13:39Considering the nature of allegations and considering the changed versions of the complainant, it is directed that in the event of arrest, the applicant be released on his furnishing a personal bond of Rs. 25,000/- with one surety bond of the like amount, subject to the satisfaction of the arresting officer/IO concerned, subject to another condition that the petitioner will join investigation, as and when directed by the IO.
Further, the petitioner will not leave Delhi/NCR without prior permission of the Court concerned and in case of change of his mobile no. and/or residential address, the same will be intimated to the Court concerned, by way of an affidavit. The petitioner will further not try to influence the witnesses or tamper with any evidence.
The petition is disposed of in the aforesaid terms.
BAIL APPLN. 4031/2021This is a petition u/s 439 read with Section 482 of the Cr.P.C. for grant of regular bail to the petitioner in FIR No. 258/2021 dated 29.04.2021 registered at P.S. Ambedkar Nagar, District South Delhi, Delhi u/s 308/34/147/148/149/367 and 120B of the IPC.
It is submitted that the allegations against the applicant is that he attacked the complainant, Suraj on 28.04.2021.
It has been stated that out of the persons named in the FIR No. 258/2021 dated 29.04.2021, Shashi Kumar and John Messy@ Illu have already been granted regular bail and Jatin Kumar, Amit Naidu and Honey Soni have been granted anticipatory bail by the Sessions Court. Ankit has been granted interim protection by this Court.
For the reasons stated in the bail order above i.e. 3515/2021, the Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:04.04.2022 20:13:39 application is allowed. Applicant Murti is admitted to bail, subject to furnishing of the personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of SHO/IO, subject to further condition that the petitioner will join investigation, as and when directed by the IO.
Further, the petitioner will not leave Delhi/NCR without prior permission of the Court concerned and in case of change of his mobile no. or/ and residential address, the same will be intimated to the Court concerned, by way of an affidavit. The petitioner will further not try to influence the witnesses.
Nothing stated hereinabove shall tantamount to expression of opinion on the merits of the case.
In the view of the above, application is disposed of, accordingly.
JASMEET SINGH, J MARCH 29, 2022/dm Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:04.04.2022 20:13:39