VIMAL KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This application has been filed by the Applicant under Sec. 438 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.'), praying for Anticipatory Bail in FIR no. 254/2023 registered with Police Station: Vivek Vihar, Shahdara District, Delhi under Ss. 307/186/353/332/341/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') and Ss. 53/116 of the Delhi Police Act, 1978 (in short, 'DP Act').

(2.) It is the case of the prosecution that on 29/6/2023, when Head Constable Anuj was on patrolling duty, he got information about the Applicant herein, against whom an externment order had been passed, was present at his residence despite such order. Head Constable Anuj along with Constable Kailash reached near the Applicant's residence, where they were confronted by his son Akshay Rathi @ Ashu, who is the Applicant in Bail Application no.3118/2023, titled Akshay v. State (NCT of Delhi).

(3.) It is alleged that Head Constable Anuj and Constable Kailash enquired from Akshay about his father's whereabouts. Akshay started abusing Head Constable Anuj and pushed him and thereafter, Akshay called his family members and relatives and attacked both Head Constable Anuj and Constable Kailash. In the scuffle, Head Constable Anuj and Constable Kailash, both suffered injuries and were medically examined at Dr. Hedgewar Hospital.