Final Order 1

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. ANIL ANTIL, ASJ04, PHC, NDD,
NEW DELHI
Bail Application No. 310/21
FIR No. 18/2021
PS: Vasant Kunj (S)
U/s. 323/341/308/452/34 IPC
State Vs. Pooja
Bail Application No. 311/21
FIR No. 18/2021
PS: Vasant Kunj (S)
U/s. 323/341/308/452/34 IPC
State Vs. Shakuntala
08.02.2021
Matter taken up through Video Conferencing from the court.
These are two bail applications filed under Section 439 Cr PC on behalf
of the applicants/accused persons namely Pooja and Shakuntala for grant of
regular bail, which are fixed for today.
By this common order, I shall dispose of above mentioned BAIL
applications separately moved on behalf of the above mentioned
applicants/accused persons as both the bail applications are identical,
allegations are also identical, similar in nature and are offshoots of common
FIR, hence, disposed of by composite order.
Present: Sh. S.K. Kain, learned Additional PP for the State.
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IO SI Jagrup Singh, in person.
Sh.O.N. Sharma and Sh. Jawahar Goyal, learned counsels for the
applicant/accused persons.
Reply to the bail application filed.
It is argued by learned counsel for the applicants/accused
persons that they have been falsely implicated in the present case and has
nothing to do with the alleged FIR ; that the present FIR against the applicants
is counter blast of FIR registered on behalf of the applicants against the
complainant under section 323/341/308/34 IPC and there was delay of one day
in registration of the FIR ; that both the applicants are house wife and has to
look after their children and other family members ; they are in judicial
custody since 03.02.2021, investigation qua them is almost complete ; belongs
to a respectable family ; has deep roots in the society ; has clean
antecedents, not required for custodial interrogation and no useful purpose
would be served by keeping them behind the bars.
Per contra, application is strongly opposed by the learned Addl. PP for
the State mentioning that applicants were actively involved into the alleged
crime, the weapon of offence i.e. danda which was used to inflict injury over
the head of complainant has been recovered on the instance of coaccused
Sahil ; that the other associates/coaccused persons, who are male members,
of the case are absconding, that on the MLC of the injured concerned doctor
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has opined nature of injuries as Grievous and section 325 IPC has been added
; there is every likelihood of their absconding and fleeing from justice and
they may not be released on bail.
It was fairly conceded that there was a delay of one day in registration
of the present FIR and the fact that cross FIR has been registered in context
to the same incident, and that the present FIR was prior in time to the cross
FIR.
Heard and record perused.
Keeping in view the totality of the facts and circumstances of the
case and the fact that applicants/accused persons are in J.C since 03.02.2020,
has clean antecedents, no recovery is to be effected from their possession,are
females, has to look after their family and perform house hold duties ; are not
required for custodial interrogation, hence both the applicants/ accused
persons Pooja and Shakuntala are admitted to bail on their furnishing a
personal bond in the sum of Rs. 30,000/ each with one local surety of like
amount by each accused to the satisfaction of learned MM/ACMM/CMM/Link
MM/Duty MM subject to following conditions :
i that the applicant shall join the investigation as and when required or
so intimated by the IO through notice ;
ii that the applicant shall furnish her mobile phone number to the
police/IO/SHO against acknowledgement which shall be kept operational at all
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times, so that the police could contact ;
iii that in case applicant changes mobile number or residential address or
work place, it shall be informed by the applicant the IO/SHO or to the learned
trial court forthwith.
iv that the applicant shall not try to contact the complainant/public
witnesses of the present case or shall not tamper with the evidence.
Applications are allowed and disposed off accordingly.
E copy of the order be provided to all the concerned parties through
electronic mode and be given dasti.
It is certified that proceedings conducted through VC on CISCO WEBEX
meeting, the quality of audio and video was clear and uninterrupted to the
satisfaction of the participants.
(Anil Antil)
ASJ04/NDD/PHC/ND
08.02.2021
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