Anticipatory bail can be granted when the investigation is ongoing, and the accused has cooperated, particularly in the absence of immediate threat and where allegations are contested and delayed.

JUDGMENT

Anu Malhotra, J. The applicant seeks grant of anticipatory bail under Section 438 r/w Section 482 of the Cr.PC, 1973 in relation to allegations levelled against him qua FIR No.11/2020, PS Maurya Enclave, under Sections 325/354/506/34 of the Indian Penal Code, 1860.

2. Notice of the application was issued to the respondent no.1/the State and to the complainant of the FIR in question. The status report has been submitted on behalf of the State dated 20.02.2020 under the signatures of the SHO, PS Maurya Enclave, which reads to the effect:

"....

Complainant alleged in her complaint that accused Amit Aggarwal is her neighbor and stays in the same building at Ground floor. Amit has carried out illegal construction and has encroached upon the common area at the ground floor near stair case. Due to this encroachment, water drainage pipe of her residence was damaged and to make it functional, a temporary bent was fixed. Due to this bent, the drainage pipe often used to get blocked. In this regard, whenever her husband requested Amit to get their drainage pipe repaired but he refused and started mis-behaving with her husband. She further alleged, on 6-11-2019, her husband went out for his work at Financial Commissioner, Sham Nath Marg, Civil Lines at around 12 p.m. She was alone at home when Amit Aggarwal's wife came to her house and asked her to open the gate to which She asked her for what purpose she has come. She replied that she and her husband wanted to get their water tank repaired, kept at the terrace above her house. She called her husband through our landline phone and made Amit's wife to speak to her husband. During their conversation, her husband objected as she was alone at home and requested them to get our drainage pipe also repaired and get their water tank repaired thereafter and she went back. Thereafter, Amit along with his two associates namely Sheru and one another, and a plumber came to her house and started shouting at her to open the main gate installed in the stair case outside her house. Initially, she did not open the door as She was afraid that Amit would harm her. After few minutes, Amit again told her in a polite manner "AUNTY, DARWAZA KHOLO MUJHE BAS TANKI (WATER TANK) SAAF KARWANI HAI PLUMBER SE". Upon his assurance, she opened the door and Amit immediately pushed her and touched her chest and pushed her aside and ran above to the terrace with his associates and plumber. Thereafter, she called her husband & apprised him about the incident. Her husband came & went to the terrace & requested the plumber to stop the work. Amit got infuriated on this and took the iron pipe (rod) and hit her husband on his left hand. Thereafter, Amit shouted "BUDHE! AAJ TO MAIN TERA KAAM TAMAAM KAR DUNGA....CHUHE TUJHE CHHAT SE UTHAKAR NEECHE PHENK DUNGA". Further, Amit asked his associates for help and asked the plumber to give him Axe (AARI) & then Amit put that "AARI" on her husband's neck. Somehow, her husband got himself free & ran. Amit caught hold off her Husband & threw him on the floor &her husband fell on his back & hurt his spines badly. Her husband got up again & went down to the room & called the PCR at 2.16 PM& thereafter, called PCR 3-4 times. Thereafter, Amit's wife & mother came to the terrace & started abusing her & her husband. After sometime, PCR came to their residence and took her husband to BSA Hospital, Sector-6, Rohini, Delhi for treatment. As per the contents of the complaint & nature of injuries sustained by Deepak Kohli (Husband of complainant) a case vide FIR No. 11/2020 U/s 325/354/506/34 IPC was registered at PS Maurya Enclave and investigation was handed over to ASI Manoj Raghav.

During investigation, statement U/s 164 CrPC of the complainant was recorded in which she supported her allegations mentioned in FIR. Thereafter, accused Amit Aggarwal filed an application for anticipatory bail before the Hon'ble District & Sessions Court, Rohini where both the parties submitted that they bot