VARUN SRIVASTAVA Vs. STATE

JUDGEMENT

(1.) Vide this common order, I shall dispose of two applications bearing bail application No.2333/2014 and 2455/2013 filed by Varun Srivastava and Rajan Prakash respectively seeking anticipatory bail in case FIR No.614/2013 u/s 186/353/332/506/308 r/w S.34 IPC registered with PS Aman Vihar.

(2.) It is submitted by Sh. Avinash Trivedi, Advocate for the petitioner-Varun Srivastava that the applicant is a retired Captain of Indian Army and is recently working as volunteer of Aam Admi Party (AAP). In the recent Assembly Election of 2013 in Delhi on the date of the voting at about 5:30 p.m. the accused received the information that bogus voting is going on. He reached the spot and tried to pacify the situation but was manhandled by the SHO and other police officials and was apprehended and taken to Police Station where a Kalandra u/s 107/151 Cr.P.C. was made against him. He remained in custody and was granted bail by Special Executive Magistrate on next day at about 5:30 PM. On the same day, one FIR was registered on the allegation of assaulting and causing an injury to a police constable. The content of FIR and the Kalandra refers to the same incident. The FIR is an afterthought and is designed to implicate the petitioner. Earlier the bail application was moved wherein interim protection was granted to the petitioner and he had joined investigation. However, due to wrong noting of the date, the application was dismissed. After seeking liberty to file fresh application, the present application has been filed. The applicant has no criminal antecedents. He is ready to join investigation. As such, he be released on bail.

(3.) On behalf of accused Rajesh, it was submitted by Mr. Rishi Kumar, Advocate that the name of this applicant does not appear in the Kalandra. For the first time, his name appeared in the FIR. Interim protection was granted to the petitioner who had joined the investigation. Witnesses are police officials, therefore, there is no chance of influencing them. Antecedents of the petitioner are clean. The injured was discharged from the hospital and as per the MLC, only simple injuries were sustained by him. As such, the application be allowed granting the relief of anticipatory bail.