Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Application No. 830/2023
STATE Vs. JACKY
FIR No. 109/2023
PS Sarojini Nagar
U/s 308/506/452/120B/34 IPC
08.05.2023
3rd application u/s 438 CrPC for seeking Anticipatory
Bail filed on behalf of applicant/accused Jacky.
Presence: Sh. Santosh Kumar, Ld. Addl. PP for State along
with IO/ Inspector Shikshit Kumar.
Sh. Sudhir Batra and Sh. Rohit Khanna, Ld. Counsel
for applicant/accused.
Complainant/ injured Rishi Bajaj (through VC).
Reply has been filed.
Brief facts of the case are:-
That on 27.03.2023, a call was received regarding
quarrel at Pakoda Market, Ring Road under jurisdiction of PS Sarojini
Nagar. On the basis of which, DD No. 61A was registered. The
emergency officer (EO) reached at the spot and came to know that
injured has been shifted to AIIMS Trauma Centre. Thereafter, EO
collected the MLC of injured/complainant Rishi Bajaj S/o Sh. Satish
Kumar and recorded his statement. Complainant submitted that he
used to work in the shop of his maternal uncle namely Jacky. He had
some issue with regard to money. On 27.03.2023, complainant was
present at Shop No. 159, Karan Motors, where suddenly Sukhdev @
Sukha along with his 4-5 associates came and started beating the
complainant with kripan and danda. Due to this incident, present FIR
u/s 308/452/506/120B/34 IPC was registered.
It is submitted by the Ld. Counsel for applicant/accused
that accused Jacky is in JC since 29.03.2023. The nature of the injuries
are simple. The Complainant and applicant/accused are known to each
FIR No.109/23
U/s 308/452/506/120B/34 IPC Page 1/3
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other and have entered into compromise, which in writing have
already been submitted to the IO/ SI Shikshit Kumar of PS Sarojini
Nagar.
It is submitted by the Ld. Addl. PP for State that
investigation in the present matter is still going on. Two anticipatory
bail applications of applicant/accused Jacky have been dismissed as
withdrawn on 29.03.2023 and the other was dismissed on merits on
06.04.2023. Ld. Addl. PP for State has also submitted that it is well
settled principle of law by the Hon’ble Supreme Court of India that in
the non-compoundable offence, where investigation is still pending,
there is no question of compounding and granting of bail.
I have heard the arguments of both the sides.
The complainant appeared before this Court through VC
and was identified by the Investigating Officer/ SI Sikhshit Kumar.
Complainant specifically told the court that there was some
misunderstanding between him and the accused persons which led to
scuffle, in which he sustained injuries. He further informed the court
that as he is related to applicant/accused Jacky (who is his maternal
uncle) therefore, after clearing the misunderstanding he has
compromised the dispute. He has no grievance against the accused
persons.
Considering the above facts and submissions made
before the Court, it is clear that parties have entered into an amicable
settlement. In light of the above and keeping in view of the
observations of Hon’ble Supreme Court of India in the case of
Siddharam Saltingappa Mhetre Vs. State of Maharashtra (2011) 1
SCC 694, it was held that:-
‘personal liberty is a very precious fundamental right and it
should be curtailed only when it becomes imperative to the peculiar
facts and circumstances of the case.’
Thus, it can be clearly said that if the accused/applicant
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U/s 308/452/506/120B/34 IPC Page 2/3
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is released on bail, there is no likelihood of accused to influence the
complainant or misuse his liberty by tampering the evidence. Also the
presence of accused can be secured by imposing conditions. Thus, the
anticipatory bail application of accused/applicant Jacky is allowed
with the following conditions:
1) That the applicant/accused shall furnish his permanent address to
IO/SHO concerned.
2) That applicant/accused shall join the investigation, as and when
called by the IO.
3) That applicant/accused shall not leave Delhi without permission of
the Court.
The above observations will have not bearing on the
merits of the case.
Application stands disposed off.
Copy of the order be dasti to Ld. Counsel for
accused/applicant. One copy of the order be sent to IO for his
necessary information.
(Aparna Swami)
Bail Roster Judge
ASJ-07/PHC/New Delhi
08.05.2023
FIR No.109/23
U/s 308/452/506/120B/34 IPC Page 3/3
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