Naresh & Ors v. State NCT of Delhi

·- # %. 05.10.2010 Present: Mr. Harsh Khurana, Adv. for the petitioners along with petitioners in person. Mr. M.P. Singh, APP for the State along with SI Manoj Kumar, P.S. Vikas Puri. +Crl. M.A.16044/2010 * Allowed, subject to all just exceptions. Application stands disposed of. +Bail Appln. 1638/2010 Notice. Mr. M.P. Singh, APP for the State accepts notice on behalf of the respondent. Arguments heard. Investigation file perused. FIR in question was registered by Police Station Vikas Puri under Sections 341/323/427/34 IPC on the basis of statement of the complainant wherein it was stated that on 18th September, 2010 petitioners, under the influence of liquor, abused him and his other family members and l damaged his car bearing no. DL-3CAA-2954 parked outside his house· at about 8:45 pm. Counsel has submitted that the petitioners are neighbours of the complainant. It is contended that the complainant party was aggressor and had damaged the car of petitioner no. 4 bearing no. DL-lCJ-1736, however, Police refused to register their FIR since the Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. • complainant is son of a Head Constable. Photos of the damaged car of petitioner no. 4 have been annexed with this application. It is further contended that later on Section 452 IPC, which is a non-bailable offence, has also been added in the FIR in order to see that the petitioners do not get bail. Keeping in mind the above facts, it is ordered that in case of arrest petitioners be released on bail, subject to their furnishing personal bond in the sum of 1-each with one local surety in the like amount to the satisfaction of 10/SHO concerned. However, petitioners shall cooperate ·in the investigation and appear before the . ' Investigating Officer as and when called upon to do so. Application is disposed of in the above terms. Dasti. October 05, 2010 · ga

A.K. PATHAK, J.