Full Judgment
$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:
04. 02.2019 BAIL APPLN. 2099/2018 VIKAS ........ Petitioner
versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent + BAIL APPLN. 2534/2018 VIKRAM STATE versus ........ Petitioner
..... Respondent Advocates who appeared in this case: For the... Petitioner
: Mr. Shubham Jaiswal with Mr. Deepak Choudhary and Mr. Sanju Rana, Advocates. For the Respondent : Mr. Hirein Sharma, APP for the State. SI Dharmendra Pratap Singh, PS Samaipur Badli. CORAM:-
"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.
(ORAL) 1.... Petitioner
s seek anticipatory bail in FIR No.599/2018 under Sections 394/397/5
of the IPC registered at Police Station Samai Pur Badli, Delhi. BAIL APPLN.2099/2018 & BAIL APPLN.2534/2018 Page 1 of 3 2. The allegations in the FIR are that the complainant was walking on the road when he was apprehended by a boy from behind who had his face covered with a handkerchief. In the scuffle, the handkerchief allegedly slipped and the complainant identified the boy as the co- accused Raju. Subsequently, the petitioners are alleged to have come on the spot and beaten the complainant and thereafter stolen his mobile phone and taken Rs.4000/- from his pocket.
3. Learned counsel for the petitioners submits that petitioners have been falsely implicated as the alleged incident is of 01.10.2017 and the complaint was made on 24.07.2018.
4. Case of the prosecution is that a PCR call was received on 01.10.2017 and on investigation the complainant was found to be admitted in hospital having sustained certain injuries. However, no statement was given by the complainant except to say that he was assaulted by someone.
5.... Petitioner
in Bail Appln.2099/2018 was granted interim bail by order dated 09.10.2018 and petitioner in Bail Appln.2534/2018 was granted interim bail by order dated 31.10.2018.
6. Learned APP for the State submits that investigation is complete and charge sheet is in the process of being finalized for being filed in Court.
7. Without commenting on the merits of the case and keeping in BAIL APPLN.2099/2018 & BAIL APPLN.2534/2018 Page 2 of 3 view the totality of facts and circumstances, I am satisfied that the petitioners have 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 petitioners on bail on each of the petitioners furnishing a bail bond in the sum of Rs. 15,000/- with one surety each of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. The petitions are allowed in the above terms. Order Dasti under signatures of the Court Master.
8. 9. FEBRUARY04 2019 st SANJEEV SACHDEVA, J BAIL APPLN.2099/2018 & BAIL APPLN.2534/2018 Page 3 of 3