Subhash vs State

Sanjeev Sachdeva, J

Petitioner seeks anticipatory bail in FIR No.289 of 2018 under Sections 323/452/427/506/34 of the Indian Penal Code, 1860, Police Station Jagat Puri.

Allegations in the FIR are that the complainant along with his brother was going on the street when he was confronted by 2-3 boys and an altercation took place. Thereafter the neighbours intervened and the boys left the spot. Subsequently, boys came with other persons and entered the house of the complainant and dragged the complainant out of the house. It is alleged that petitioner along with other co-accused beat the complainant, his brother and other neighbours.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated.

Police file had been perused which showed that nature of injury sustained was simple and all the injured were discharged after first-aid.

By order dated 21.12.2018, petitioner was granted interim protection subject to joining investigation.

Learned APP for the State, under instructions from the Investigating Officer, submits that the petitioner has joined investigation and investigation is complete and chargesheet is in the process of being finalized for being filed in Court. She further submits that there is no further requirement of the petitioner to join investigation. She, under instructions from the Investigating Officer, submits that as per their record, petitioner has clean antecedents.

Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances, I am satisfied that 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.