Final Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF ADDITIONAL SESSIONS JUDGE
(SPECIAL FAST TRACK COURT), SOUTH DISTRICT
SAKET COURTS: NEW DELHI
Bail application No. 1309/2023
State v. Tukki Pahalwan
FIR No. 386/2023
P.S. Mehrauli
U/s 147/148/149/323/341/308/427/34 IPC
18.08.2023
This is an application u/s 438 Cr.P.C seeking
anticipatory bail moved on behalf of accused / applicant
Tukki Pahalwan.
Present : Shri Arun Kumar Singh, Ld. Addl. PP for State.
Sh. Naveen Chechi and Sh. Tejpal Yadav,
Ld. Counsels for applicant/accused.
Sh. Ajay Kumar, Ld. Counsel for complainant
Reply filed. Arguments heard.
Ld. Counsel for applicant has argued that the present
FIR was registered u/s 308/34 IPC. As per the FIR, the
complainant was discharged from the hospital on the same day.
The parties are relatives and neighbours. There are cross FIRs
against each other. Both parties have settled the matter. The
applicant has already joined in the investigation and ready to
cooperate in the investigation as and when called by the IO. Co-
accused who was in JC has already been granted bail. The
applicant is apprehending arrest by the police. Nothing is to be
recovered from or at the instance of the applicant. The applicant
undertakes to abide by terms and conditions of bail. Hence, it is
prayed that the applicant/accused may be granted anticipatory
bail.
Ld. Prosecutor has argued that merely because the
parties have settled the matter, it cannot be a ground to grant
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anticipatory bail as the injured has sustained head injury which
was caused by stone and considering the serious allegations, the
applicant may not be granted anticipatory bail.
This Court has considered the submissions and
perused the record. Police file perused.
In the FIR, complainant Sagar has alleged that on
26.07.2023 at about 10.30 p.m., when he came to his house after
duty, he found his maternal uncle Jawala Singh, Ajit, Ajit’s son's
Deepak’s wife Sapna and his mother Babita were standing
outside the house in the gali. Prior to that, Titu s/o Ramesh and
his wife Jyoti were making allegations on character of Deepak’s
wife. Titu and Jyoti were standing. Suddenly Titu pushed his
mama Jawala and abused him and Jyoti also abused Jawala. In
the meantime, Titu’s brother Sonu and Deepak s/o Vinod reached
there and Deepak picked a brick and hit on complainant’s head.
Deepak and Sonu also caught hold of him and gave beatings to
him. Tukki Pahalwan came to the spot, he went to his house,
brought sticks (lathis) and gave sticks to Titu, Deepak and Sonu.
After hearing the noise, family members and relatives of
complainant came in the gali. During this time, Titu’s relatives
namely Abhishek s/o Motu and Arun s/o Ramesh also came with
sticks. When they all started beating the complainant and his
family and relatives, the complainant and his family started to
run away. On this, the aforesaid accused persons started pelting
stones. In the meantime, Sonu s/o Hari Singh, Sagar s/o Tukki
Pehlwan, Aneez s/o Ram Prasad, Lakhan Dhudka, Bahadur
Raghuveer, Kapil s/o Hukam, Bhura s/o Ramesh, Rahul and
Sunil s/o Jai Hind started pelting stones upon the complainant
and his family. The complainant and his family also pelted stones
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upon the opposite party in order to save themselves. Somebody
called the PCR. The police came and took the injured to hospital.
The police file would show that there is only one
injured in this case i.e. complainant Sagar. As per MLC, he has
sustained head injury. This head injury, as per FIR, was allegedly
caused to him by Deepak and thereafter, he was held by Deepak
and Sonu and they both assaulted him. There is no injury caused
to any family members of the complainant. There is prima facie
nothing in FIR to show that Tukki Pehlalwan, Abhishek s/o
Motu, Arun s/o Ramesh, Setu s/o Hari Singh, Sagar s/o Tukki
Pehalwan, Anoj s/o Ram Prasad, Lakhan, Raghuveer, Kapil,
Bhura, Rahul and Sunil shared common intention with accused
Sonu and Deepak to cause head injury to complainant Sagar.
On inquiry, IO has informed that the applicant has
joined the investigation.
As per allegations in the FIR, Tukki Pehalwan
allegedly brought lathis from his house and gave it to Titu,
Deepak and Sonu and when all were about to hit the complainant
and his family with lathi, complainant and his family started to
run away. There is nothing in the FIR to show that any injury was
caused by Tukki Pehalwan to complainant Sagar or to any of his
family member. Tukki Pehalwan had allegedly came to the spot
after complainant Sagar had already sustained head injury after
being hit on his head with brick by Deepak. The applicant has
already joined investigation with the IO.
In these facts and circumstances, the application is
allowed and in the event of arrest, applicant/accused Tukki
Pehalwan is directed to be released on furnishing personal bond
in the sum of Rs. 20,000/- with one surety of the like amount to
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the satisfaction of IO / SHO/ Ld. MM/ Ld. Duty MM with the
directions that he shall cooperate in the investigation as and when
called by the IO and he shall not contact/ influence any witness
in any manner.
Nothing discussed herein-above shall amount to
expression of opinion on the merits of the case.
The application u/s 438 CrPC is accordingly allowed
and disposed of.
Copy of order be given dasti to all concerned.
Order be uploaded on the Saket District Court
website.
(NEHA)
ASJ / Spl. FTC/South District/18.08.2023
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