Single judge allowed anticipatory bail under Section 438 Cr.P.C. for applicants apprehending arrest in an assault FIR. Court granted bail on personal bonds with surety, restricting contact with witnesses, noting investigation completion and prior investigation presence.
Bail on personal bond with one surety of Rs. 10,000; restriction on contacting witnesses.
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Signature Not Verified Digitally Signed By:AM UL YA
Through: Ms. Radhika Kolluru, APP
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
ORDER
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02.08.2016
The applicants have preferred the present applications under Section 438 Cr.P.C. to grant anticipatory bail apprehending arrest in case FIR No. 24/16 under Sections 323/325/341/308/34 IPG registered at police station Hauz Quazi.
Learned counsel for the applicants submits that initially, the FIR was registered under Section 323/341/34 IPG and the applicants were granted bail. However, subsequently, Sections 325 and 308 IPG were added since the injury was found to be grievous. Learned counsel submits that the applicants have already been called for interrogation on several occasions and they have joined the investigation. Even this Gourt had granted protection to the applicants on 30.05.2016 and they had joined the investigation even after this. He submits that no recovery is required to be made at the instance of the applicants.
Learned APP submits that the investigation is complete and the final report has not been filed on account of the pendency of the present applications. Since the investigation is stated to be complete and the applicants have already joined investigation, there is no need for custodial interrogation of the applicants.
Accordingly, the present applications are allowed. In case of their arrest, the applicants shall be released on bail on their furnishing personal bonds with one surety each in the sum of Rs. 10,000/- to the satisfaction of
the arresting offieer. The applicants shall, however, not try to contact the victim or any of the prosecution witnesses or influence them in any manner.
Dasti.
The bail applications stand disposed of.
VIPIN SANGHI, J
AUGUST 02,2016
si
1 issue framed by the court
Whether to grant anticipatory bail apprehending arrest in a criminal trial for assault.
2 provisions across 2 enactments
Applicants
VIPIN SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
