JUDGMENT :

Talwant Singh, J.

1. The petitioner has moved this anticipatory bail application in FIR No. 0455/2021 dated 28.08.2021 under Section 308/323/509/34 IPC, registered at PS Welcome District, North East Delhi.

2. It has been submitted that the petitioner and his family members are innocent persons. The cousin brother of the petitioner, namely Asad got married with the daughter of Mohd. Shakir, from the complainant side on 24.03.2012 and no dowry was exchanged at the time of the marriage and two children have been born of the said wedlock.

3. The family of the petitioner and the complainant are relatives of each other. The wife of the cousin brother of the petitioner started harassing her husband and some matrimonial disputes arose between them. A meeting of the relatives was called at DESU Park, Jafrabad, Delhi, to work out the settlement. During the course of conversation, the quarrel started and father-in-law of the cousin brother of the petitioner took away his daughter without the consent of her husband. Complaints were filed by both the sides against each other at PS Welcome, Delhi. Efforts for settlement were made but were of no use.

4. On 02.04.2021, some persons from the complainant side came to the house of the cousin brother of the petitioner with intention to kill him and opened fire with illegal country made pistols. Somehow, the cousin brother of the petitioner was able to save his life. The attackers made a false PCR call and tried to implicate the cousin brother of the petitioner, who also made a PCR call and FIR No. 0186/2021 dated 03.04.2021 under Section 336 IPC and 27 of Arms Act was registered.

5. One of the accused, Astakeem was arrested, however, no other person has been arrested till date in the said FIR. The cousin brother of the petitioner sent a complaint dated 07.04.2021 to the higher authorities for taking action against attackers under relevant provision of law. The accused Astakeem in the said FIR was later on released on bail.

6. It has been further submitted that on 28.08.2021, at about 11:30 P.M., when the petitioner was going to his home, one Jumma and his son Faizan started abusing and beating the petitioner. Few other persons joined them and all of them started beating the petitioner with kicks and fists. Faizan attacked the petitioner with sharp object, causing injury on his nose and when the petitioner regained his consciousness, he found himself outside his house; the police was called and he was admitted to a hospital.

7. The petitioner filed a complaint dated 28.08.2021 to the SHO against the above culprits and requested for taking action. An FIR bearing No. 0456/2021 dated 28.08.2021 under Section 324/34 IPC in respect of the said incident was registered. The said attackers have not been arrested till date and they are forcing the petitioner to withdraw the said FIR.

8. On the other hand, the said attackers from the complainant side have got registered a false and frivolous FIR bearing No. 0455/2021 dated 28.08.2021 under Section 308/323/509/34 IPC as a counter blast to the said FIR launched on the complaint of the present applicant. In the said complaint, Faizan has alleged that he and his family members were allegedly beaten up by the petitioner and his family members on 28.08.2021. In fact, it was Faizan and his family members who had attacked the petitioner on 28.08.2021.

9. On 04.09.2021, the Police along with Rapid Action Force came to the house of the petitioner to illegally and unlawfully arrest the petitioner and his family members. The petitioner filed bail application seeking anticipatory bail before the District Courts, which came up for hearing on 15.09.2021. The said application was dismissed by the learned ASJ. Hence, the present bail application has been filed.

10. It has been submitted that the IO is illegally and unlawfully trying to arrest the petitioner and his family members without complying with Section 41A Cr.P.C. The custodial investigation is not necessary; there