JISHAN Vs. STATE

JUDGEMENT

(1.) THIS is an application filed by the petitioner u/s 438 Cr. P.C. for grant of anticipatory bail in respect of FIR No. 141/2013 lodged by Ms. Shama u/s 354A/452/506/323/34 IPC at PS Nangloi.

(2.) LEARNED counsel for the petitioner states that the complainant and her family are next door neighbours of the petitioner, who is residing in Camp No. 1, Nangloi, Delhi. The incident in question is stated to have occurred on 6th May, 2013 when an altercation had taken place between the family members of the complainant and the petitioner in respect of a petty dispute resulting in lodging of the aforesaid FIR by the complainant where she has levelled allegations against the petitioner to the effect that he had hit her on the chest and assaulted her. It is stated that the family members and relatives of the petitioner including one uncle, three brothers and one minor sister have been granted anticipatory bail by the Court below but the application for anticipatory bail filed by the petitioner was rejected by the learned Additional Sessions Judge vide order dated 28th May, 2013.

(3.) IN the status report, submitted by the State, it is reported that in the incident which took place on 6 th May, 2013, both the parties sustained injuries besides the complainant party. During quarrel, the petitioner Jishan and Wasim also sustained injuries and they were also medically examined. After the petitioner was granted interim protection by this Court, the matter was further investigated in the neighbourhood and the locality. During the course of investigation, the statements of ten local persons of the locality have been recorded. Some of them alleged that incident had taken place inside the house of the complainant whereas some alleged that the incident had taken place outside the house and in the lane of the complainant and the accused persons as both the parties are neighbours. The accused had appeared twice to the Police Station to join investigation. On the basis of complaint of the accused and on the basis of MLCs, DD Entry u/s 323/34 IPC was lodged. After the grant of bail, a complaint was received from both the parties on 6th July, 2013 wherein they were alleging that both sides are threatening each other. However, after enquiry, nothing substantial was found on both the complaints. Charge sheet of present case and of the cross -case has already been filed in the Court of Metropolitan Magistrate.