SANJEEV GUPTA Vs. STATE

JUDGEMENT

(1.) BY the present petition the Petitioner seeks cancellation of bail of Respondent Nos. 2 to 4 in case FIR No. 1 of 2009 under Sections 325/308/34 IPC registered at PS Roop Nagar, Delhi.

(2.) LEARNED counsel for the Petitioner contends that on 15 th December, 2008 the Petitioner was assaulted by the accused person wherein he received grievous injuries as is evident from the discharge summary of Sant Parmanand Hospital. However, the police did not register the FIR immediately and only on 1st January, 2009, the abovementioned FIR was registered under Section 325/34 IPC, which is a bailable offence. IPC though attracted was added later on and the learned Trial Court has also framed charge against Respondent Nos. 2 to 4 for offence under Section On 2nd April, 2009, Respondent Nos. 2 to 4 were granted 308 IPC. anticipatory bail because the Investigating Officer concealed material facts before the learned Trial Court. Immediately on grant of anticipatory bail, Respondent Nos. 2 to 4 again assaulted the Petitioner on 24th May, 2009 and with a great difficulty another FIR No. 118/2009 was lodged under Sections Thereafter again on 3 rd August, 2009, 325/34 IPC at PS Roop Nagar. Respondent Nos. 2 to 4 attacked on the Petitioner however, no FIR has been registered by the police despite statement of the Petitioner having been recorded. According to the learned counsel, Respondent Nos. 2 to 4 are constantly threatening the Petitioner and his family members. Thus, on 17th September, 2009 the Petitioner filed an application for cancellation of the bail of Respondent Nos. 2 to 4 before the learned Trial Court. However, by the order dated 1st December, 2010 the said application was dismissed and thus the Petitioner has filed the present petition. It is further submitted that in FIR 118/2009 the police deliberately filed a cancellation report on 8 th August, 2009 though the statement of the wife of the Petitioner was recorded on 30th November, 2009. The Petitioner received a back dated letter of 24th May, 2009 on 10th May, 2010 stating that the police has closed the case of the Petitioner.