Deepak Khattar v. State the NCT of Delhi

order of bail."

¶9Keeping in view the facts mentioned in the present case as well as the decision of the Apex Court above, this court is not inclined to grant anticipatory bail to petitioner. Accordingly, petition stands dismissed.

¶10Observations made in the order shall have no impact on the merits of the case.

SANGITA DHINGRA SEHGAL, J JANUARY 04, 2018 gr//

* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1986/2017 & CRL.M.A. 16716/2017 Order reserved on:8th December,2017 Order pronounced on: 4th January,2018 LOKESH KHATTAR .....Petitioner Through: Mr. K.K. Manan, Sr. Adv. with Mr. Ankush Narang, Mr. Manveen Dhanjal, Ms. Shivani Kant and Ms. Prateksha, Advocates. versus STATE OF NCT OF DELHI ...Respondent Through: Mr. Amit Ahlawat, APP for the State with ASI Virender Kumar from PS- Mayapuri. Mr. Irfan Ahmed, Advocate for complainant + BAIL APPLN. 2001/2017 & CRL.M.A. 16824/2017 DEEPAK KHATTAR ….Petitioner Through: Mr. K.K. Manan, Sr. Adv. with Mr. Ankush Narang, Mr. Manveen Dhanjal, Ms. Shivani Kant and Ms. Prateksha, Advocates. versus STATE OF NCT OF DELHI ...Respondent Through: Mr. Amit Ahlawat, APP for the State with ASI Virender Kumar from PS- Mayapuri. Mr. Irfan Ahmed, Advocate for complainant CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL 1. By way of the present petition filed under Section 438 of the Criminal Procedure Code,1973 (hereinafter referred as 'Cr.P.C.), the petitioner seeks grant of anticipatory bail in respect of FIR No. 186/17, under Section 323/308/506/34 of The Indian Penal Code,1860(hereinafter referred as 'IPC'), registered by P.S. Mayapuri, New-Delhi. 2. Briefly stated the facts of the case are that the complaint was lodged by one Sanjay Khattar, who alleged that on 09.07.2017, at around 7:00 pm, when he along with his wife was selling goods on patri opposite shop Deepak electronics/shop belonging to his brother Deepak Khattar/petitioner, a scooter of one Deepak's customer was parked on part of the patri and on request made to the said customer by the complainant, it was made to be parked at some distance. On this, Sanjay Khattar got agitated and started abusing them and then asked his son namely Praveen Kumar and Lokesh Kumar/petitioner to kill them. After which, scuffle took place between them and Deepak Khattar/petitioner along with his sons beaten up the complainant . Thereafter, the complaint was lodged against the petitioners under Section 323/308/506/34 of IPC. Hence, the present petition. 3. The learned counsel for the petitioner contended that the present FIR filed against the petitioner is false and fabricated; that the petitioners were victim of circumstances as the complainant tried to hit Deepak Khattar /father of Lokesh with a hammer on his head and on failure to do so, hit him on the foot; that the Deepak Khattar /father of Lokesh/petitioner also sustained injury and got examined himself vide MLC No. 5965 on 09.07.2017; that perusal of the CD shows that the petitioners are no where seen hitting the complainant; that the complainant has been giving threats to the petitioners to implicate them in false cases and even complaint has been filed by Deepak Khattar/petitioner at P.S Mayapuri on 12.07.2017; that the complainant has already been discharged from the hospital and the injuries are simple; that there is a delay of 3 days in filing the present FIR; that the petitioner is not required for any custodial interrogation. Hence, the present petition should be allowed. 4. Per Contra, the learned APP for the State for contends that benefit of anticipatory bail should not be accorded to the petitioner as the offence is of serious nature. 5. I have heard the learned counsel for the parties and perused the material available on record. 6. After giving careful consideration to the entire facts and circumstances of the present case, it is observed that the petitioners herein is involved in a serious crime in association with each other. It was specifically alleged by the complainant during lodging of FIR that when the scuffle took place, Deepak Kumar/petitioner asked his sons namely Lokesh Kumar/petitioner and Praveen Kumar to brutally beat them and kill the complainant and his wife, as he will further manage things. Thereafter, Praveen Kumar got lathi, Lokesh Kumar/petitioner caught him with his hands and Praveen attacked him on his head b