DINESH AGGARWAL @ GOYAL Vs. STATE

JUDGEMENT

(1.) Prosecution case is that on 30.3.2002 in the area of Kalkaji there was a traffic jam. The petitioner has his sweet shop at that place. The complainant -requested the petitioner to help him in regulating the flow of the traffic smoothly. He rebuked the petitioner taunting that he had become leader of the area. The complainant rang up his father and uncle who came at the site and there was some quarrel and scuffle between the two sides. The petitioner thereupon exhorted his workers namely Mukesh and Radhakishan, co-accused, to beat him and both the co-accused had assaulted the complainant with palta, an instrument used in making the sweets. As a result the complainant suffered injuries on his head and fingers. All these injuries were simple and he was discharged on the next date. Counsel for the petitioner has argued that the co-accused Mukesh and Radhakishan, who had inflicted injury on the complainant, had already been granted regular bail. APP, however, opposing the bail has argued that he was the main person who had exhorted the co-accused to beat and assault the complainant, therefore, should not be granted anticipatory bail. He, however, fairly stated that the petitioner is otherwise not required for any investigation purpose.

(2.) Keeping in view the totality of the facts and circumstances in view, I admit the petitioner to anticipatory bail, in the event of the arrest of the petitioner, he shall be released on anticipatory bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the I.O. SHO concerned, on the condition that he shall join the investigation as and when required by the I.O.