Neeru Aggarwal vs State of Punjab

K C Puri, J.—This is an application by Neeru Aggarwal for grant of anticipatory bail. As per allegations of the prosecution, the law was set in motion by recording the statement of Sh. Dilip Mahajan, who has stated that he is Advocate by profession. On 11.01.2012, he went to his client Anuradha Bali @ Fiza, r/o #216, Sector 48C, Mohali. She told him that some children were playing with the cork ball in the park opposite to her house. Anuradha Bali stopped them from playing on the ground that many times the glasses of her Car have been broken. Neeru the applicant along with four other neighbourers started quarreling with her regarding which one application was moved by the complainant. ASI Sulekh Chand and Constable Raj Kumar came at the spot and told that both the parties should come to the Police Station at 04.00 P.M. Sanjay Aggarwal, his wife Neeru and four other neighbourers surrounded them and attacked them around 3.30 P.M. and caused injuries to Anuradha Bali and the complainant. Anuradha Bali received injury on the head also and she was taken to GMCH, Sector 32, Chandigarh.

During the course of investigation, statement of Anuradha Bali was recorded, who has stated that Sanjay gave rod blow on her head whereas Neeru Aggarwal present applicant gave Danda blow on her head whereas sister-in-law of Sanjay also gave Danda blow on her head.

Learned Counsel for the petitioner has submitted that at an early stage case was registered under Sections 323, 341, 506, 148, 149 IPC only. Offence u/s 307 IPC has been added after more than six months of the occurrence. The petitioner has been allowed concession of bail when the offence u/s 307 was not added. He has relied upon the Authority reported as Kishan Singh Vs. State of Haryana, 1999(1) RCR (Cri) 64.

Prayer has been opposed by the State counsel.

From the record, it reveals that three injuries were found on the person of Anuradha Bali @ Fiza and one injury was found on the person of Dilip Mahajan. The doctor has opined that injury No. 1 on the person of Fiza, if not operated may have been dangerous to life as well. As per record, it also reveals that Sanjay Aggarwal received as many as eight injuries whereas Neeru Aggrwal received one injury and Sonu Gupta received two injuries. AIG Crime has given an enquiry report against the prosecution.

As the petitioner has been earlier bailed out and now offence u/s 307 IPC has been added, so in view of Authority Kishan Singh''s case (supra), the petitioner is entitled for anticipatory bail for a limited period to approach the trial Court for regular bail. The petitioner shall move application before the trial Court for regular bail within 10 days from today and in case that application is dismissed, the petitioner be not arrested for seven days enabling her to avail the legal remedy. Petition stands disposed of accordingly.