RAM SINGH BALIYAN Vs. STATE

JUDGEMENT

(1.) BY this petition the Petitioner seeks anticipatory bail in case FIR No. 599/2013 under Sections 354/451/506/323/34 IPC registered at PS Neb Sarai wherein subsequently Section 376 IPC has been added. Learned counsel for the Petitioner contends that the abovementioned FIR is clearly a counter -blast to the FIR lodged by the Petitioner against the husband of the complainant herein being FIR No. 548/2013 wherein the Petitioner was beaten brutally subsequent whereto he has undergone number of surgeries. The Petitioner was not even present at the place of incident.

(2.) THERE is delay in lodging the FIR. Despite the fact that the alleged incident took place in a crowded area in Ashiyana Apartment, where number of families are living, there is no other eye -witness. The Petitioner having undergone number of surgeries was not in a fit physical condition to have gone to the house of the complainant and commit the offence as alleged. Learned counsel for the Petitioner further submits that the Petitioner has already joined the investigation and is willing to join the investigation as and when directed by the IO. Hence, anticipatory bail be granted.