ASHOK KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The Petitioners herein in the present applications being BAIL APPLN. 1525/2024, BAIL APPLN. 1534/2024 and BAIL APPLN. 1586/2024, who are brothers, have approached this Court for grant of bail in the event of arrest in FIR No.145/2024 dtd. 12/3/2024, registered at Police Station Aman Vihar, Delhi for offences punishable under Ss. 506/323/354/451/376/34 IPC.

(2.) The allegation made in the FIR is that the Petitioners herein, who are brothers, entered the house of prosecutrix on 1/7/2023 and gave blows to the inmates of the house and committed rape on the prosecutrix and committed other offences. Material on record indicates that the FIR has been filed after about eight months from the date of incident. Material on record also indicates that on 1/7/2023, two General Diary (GD) entries were made in the Police Station Aman Vihar, being one by the accused and the other one by the prosecutrix and her family regarding a dispute over a property bearing No.134-A/1, Old Plot No.134-A, Area Measuring 25 Sq. Yds (Out of the total area measuring 130 Sq. Yds.) in the Revenue Estate of Village Kirari Suleman Nagar, now Colony/Abadi Known as Kirari Extension, Kirari Suleman Nagar, Delhi-110086 (hereinafter referred to as 'property in question').

(3.) Material on record discloses that both sides are claiming ownership of the said property. Material on record further indicates that a Civil Suit bearing No.CS (SCJ) 963/23 has been filed before the Ld. CJ, Rohini Court, Delhi from the side of the Petitioners. Material on record also indicates that a counter Civil Suit bearing No.CS (SCJ) No.823/2023 has also been filed from the side of the Prosecutrix in respect of the same property in question. Material on record further indicates that an FIR bearing No.202/2024 has been registered at the instance of the wife of the Petitioner in BAIL APPLN. 1525/2024 against the family members of the Prosecutrix at Police Station Aman Vihar for offences punishable under Ss. 323/341/354(B)/442/34 IPC.