SURESH GUPTA Vs. STATE

JUDGEMENT

(1.) The present application has been filed by the petitioners under Sec. 438 of the Code of Criminal Procedure, 1973 for the grant of anticipatory bail in FIR No.502/2016, under Sections 308/34 of the Indian Penal Code, Police Station Sarai Rohilla, New Delhi,.

(2.) Complainant - Rajesh Mishra had reported to police that one Hunny, the son of the petitioner called him and requested to visit to his house as he wished to discuss something. It is submitted that on second call, the complainant visited the house of Hunny at first floor and discussion was going on in a peaceful manner. It is further stated that Hunny requested the complainant to remove the cycle which was parked in the gallery. Thereafter, the complainant told that his children use the cycle only on Saturdays and Sundays and for rest of the days, he will get it parked in the Varandah. It is alleged that immediately thereafter, the petitioner came behind him and hit his head with a cricket bat and started shouting to kill him. Thereafter, it is alleged that Hunny also started beating the complainant with fists and blows. In between, wife of the petitioner as well as of Hunny also reached the spot including one Surender, who runs a dhaba at Padam Nagar and started beating him with fists and blows and shouted to kill him so that he goes away from there after selling his house.

(3.) It was further stated by the complainant that after hearing the noise of fighting, his wife came down from the upper floor and tried to rescue him but she was also attacked on her head and received injuries. Thereafter the complainant was brought to Hindu Rao Hospital by his brother and his wife was also admitted in HRH Hospital.