The court has the discretion to grant anticipatory bail based on the facts and circumstances of the case, and may impose conditions to ensure cooperation with the investigation and prevent tampering with evidence.

JUDGMENT :

(Dinesh Kumar Sharma, J.)

CRL.M.A. 11690/2023

1. Exemption allowed subject to just exceptions.

BAIL APPLN. 1434/2023

2. This is an application for grant of anticipatory bail in case FIR No. 165/2023 under Sections 308/341/34 IPC registered at PS Neb Sarai.

3. The brief facts of the case are that on 08.03.2023 at around 02 : 15 PM the complainant with his friends Aditiya @ Billu, Aakash and his brother Suraj were going to the house of Aakash situated at L-1, Sangam Vihar after playing Holi and allegedly, the petitioner, his brother Deepak, his father and his friends stopped them in the middle of the road and started fighting. It has been alleged that petitioner Prakash hit the complainant with an iron rod on his head. Allegedly Deepak and the father of the petitioner also pushed them on the floor and gave a beating with fists and legs. It has been alleged that the friends of the complainant were also beaten.

4. Learned APP for the State submits that the complainant/victim is opined to have suffered serious injuries while the other victims had suffered simple injuries.

5. It is a matter of record that other co-accuseds have already been admitted to bail.

6. Learned counsel for the petitioner submits that the petitioner is ready to join the investigation.

7. Taking into account the facts and circumstances of the case, the petitioner is admitted to anticipatory bail on furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the Investigating Officer subject to the following conditions:—

1. the petitioner shall join and cooperate in the investigation and appear before the Investigating Officer of the case as and when required;

2. The petitioner shall not tamper with the evidence in any manner and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

3. the petitioner shall provide his/her mobile number(s) to the Investigating Officer and keep it operational at all times; and

4. In case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Investigating Officer/Court concerned by way of an affidavit.

5. The petitioner shall also inform the investigation officer about any change in their address.

8. In view of the above, the present application stands disposed of.