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Judgment
SANJEEV SACHDEVA, J
Petitioners seek regular bail in FIR No.206 of 2017 under Sections 326/452/34 of the IPC at Police Station Sangam Vihar.Â
Allegations in the FIR are that the complainant is related to the accused and there was some financial transactions between the parties.
The property of the complainant was mortgaged with a third party and the petitioners are alleged to have paid Rs.6.5 lakhs to the said party and
obtained the property papers. On the date of the incident a quarrel took place at the house of the complainant wherein the accused are alleged to have
come and assaulted them. The complainant and the other persons of her family sustained injuries with a sharp weapon.
Learned counsel for the petitioners submits that the subject FIR is a cross FIR to the FIR lodged by the petitioners being FIR No.207/2017 under
Sections 323/341/34 of the IPC at Police Station Sangam Vihar. It is submitted that the quarrel took place when the petitioners demanded return of
their money. It is alleged that the petitioners and the other family members also sustained injuries. It is further contended that in the FIR lodged by the
petitioners the accused i.e. the complainant in the subject FIR and other co-accused have been granted bail. Further it is submitted that the injured in
the subject FIR have also been discharged from the hospital and the opinion of the doctor in the MLC is that the nature of injury sustained is simple.
Nominal roll of the petitioners has been produced. As per the nominal roll, petitioners have already undergone 5 months and 18 days of
incarceration as on 20.07.2018.
Without commenting on the merits of the case and keeping in view the facts and circumstances of the case, I am of the view that the petitioners
have made out a case for grant of regular bail.
Accordingly, petitioners shall be released on bail on their furnishing bail bond in the sum of Rs.25,000/- each with the one surety of the like amount.
Petitioners shall not do anything which may prejudice either the trial or the prosecution witnesses. Petitioners shall not make any endeavour to contact
the complainant or their family members.
Order Dasti under the signature of the Court Master.