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Judgment
21 paragraphs · 354 wordsSanjeev Sachdeva, J
Petitioner seeks anticipatory bail in FIR No. 641/2017 under Sections 452/323/354-B/506/34 of the IPC registered at Police Station Kalyan Puri,
Delhi.
The allegations in the FIR are that the petitioner along with his other family members who resides opposite the house of the complainant had barged
into her house and misbehaved with the complainant and her sister-in-law.
Learned counsel for the petitioner submits that petitioner has been falsely implicated and subject FIR is off shoot of the disputes between the two
families, as a result of which several FIRs and cross FIRs have already been registered. He further submits that the bare reading of the FIR does not
disclose the commission of any offence under Section 354B of the IPC. It is further submitted that the allegations in the FIR that a call to Police
Control Room at 100 number was made are false as there is no record of any call having been made. Further, he submits that there is explained delay
in lodging the complaint.
By order dated 16.10.2018, petitioner was granted interim protection subject to joining investigation.
Learned APP for the State, under instructions, from the Investigating Officer submits that petitioner has joined the investigation and investigation
has been completed and charge sheet is in the process of being finalised for being filed in Court and there is no further requirement of the petitioner to
join investigation.
Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances, I am satisfied that the petitioner
has made out a case for grant of anticipatory bail.
Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on petitioner furnishing a bail
bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned.
Petitioner shall not do anything that may prejudice the investigation, trial or prosecution witnesses.
Petition is allowed in the above terms.
Order Dasti under signatures of the Court Master.