Jamadar Mehto v. State
Case brief
What is this about?
The Delhi High Court granted final anticipatory bail to the petitioner in a case involving sexual assault allegations, subject to personal bond and joinder of investigation, noting interim protection had previously been awarded.
What did the court decide?
Anticipatory bail granted on furnishing personal bond of Rs. 40,000 with one surety in the like amount and joining investigation as required.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- BAIL APPLN. 184/2018 & CRL.M.B. 141/18 JAMADAR MEHTO ..... Petitioner Through : Mr.M.Hamad, Advocate. versus STATE ..... Respondent Through : Mr.Ravi Nayak, APP.
CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R % 06.04.2018
- The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.546/2017 registered under Sections 323/341/354B/34 IPC at PS Maurya Enclave. Section 376 IPC was added subsequently. Status report is on record.
- I have heard the learned counsel for the parties and have examined the file. By an order dated 21.02.2018, the petitioner was granted interim protection and was directed to join the investigation as and when required. Undisputedly, the petitioner has joined the investigation since then.
- Allegations under Section 376 IPC have been levelled by the complainant in 164 Cr.P.C. statement only. The parties are neighbourers and a dispute had taken place over taking water from a tap. Nature of injuries sustained by the complainant is stated to be ‘simple’.
Page 1 of 2
- Considering the facts and circumstances of the case, the petitioner is granted anticipatory bail and in the event of arrest, he be released on furnishing personal bond in the sum of ` 40,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer. He shall, however, join the investigation as and when required.
Issues for consideration
2 issues framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. given the interim protection awarded and joinder of investigation
Whether the nature of injuries and circumstances warrant continuation of the interim status or grant of final bail
Parties & counsel
- petitioner
JAMADAR MEHTO
- respondent
STATE
Coram
S.P. GARG
Case details
As recorded by the court registry
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