AKBAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THE present is an application under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No. 890/2015 under Section 307 IPC registered at Police Station - Nand Nagri, Delhi.

(2.) MR . Jaspreet S. Rai, learned counsel appearing on behalf of the applicant, would urge that the MLC of the complainant in the subject FIR clearly belies his statement to the police that the applicant had assaulted him with a knife on his neck. He relies upon page 27 of the present application in this behalf. Mr. Rai would then urge that the alleged incident took place around 8 p.m. However, the MLC of the complainant clearly reveals that the latter was taken to hospital only at 12.20 a.m., i.e., more than four hours after the alleged incident. Mr. Rai would also urge that the applicant has been falsely implicated and he had no motive to assault the complainant and, on the contrary, the complainant in the subject FIR against whom the applicant had registered a cross -FIR was the one who summoned him to the spot where the alleged offence is stated to have been committed on account of his resentment at losing clients to the applicant. It is further urged on behalf of the applicant that the latter has filed an RTI application with the Police Commissioner seeking the call detail record of the applicant in order to establish that the subject FIR is a consequence of personal enmity on account of business rivalry.

(3.) ON the contrary, Mr. Rajat Katyal, learned APP appearing on behalf of the Police, states that the complainant in the subject FIR is in judicial custody in the FIR registered by the present applicant against him. Mr. Katyal would then urge that in view of the gravity of the offence and the involvement of the applicant in other criminal cases, it would not be just, fair and appropriate to admit him on anticipatory bail at this stage.