2016 (11) TMI 1760

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....ction 384/308/34 of IPC, Police Station Amar Colony, New Delhi. 2. In a nutshell, the FIR of this case was registered at the instance of Muzammil, who stated in his complaint that on 10.10.2016 at about 3.15 AM, the petitioner alongwith his two brothers and father came to his stall and demanded Rs. 5,000/-. The petitioner alongwith his brothers and father, had assaulted him to extort money from him. They demanded monthly money from him for running his shop inside the Okhla Sabzi Mandi, Delhi and when he refused, then on the instigation of his father to kill him, all the brothers started beating the complainant. The petitioner - Imran alleged to have hit the complainant with stick on his head and his brothers were alleged to have beaten t....

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....sleeping in his house and was not at all present at the place of incident. He was informed by his employee that when a vehicle was entering at Okhla Sabzi Mandi to deliver vegetables at the petitioner's Shop No. 199, the complainant created a hurdle in the entry of the vehicle and started abusing and misbehaving with the farmers who came to deliver vegetables at the shop. The complainant created a ruckus, manhandled and snatched Rs. 40,000/- from his clerk and the complainant caused injuries to himself. Thereafter, with the help of the local police lodged the present FIR and falsely implicated the applicant. 6. It is further contended on behalf of the petitioner that the complainant was discharged from the hospital on the same day an....

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....or grant of regular bail. In support of his contention, learned counsel for the petitioner relied upon the judgment in Sundeep Kumar Bafana vs. State of Maharashtra and Anr., 2014 (16) SCC 623. 9. Mr. Ashish Datta, Additional Public Prosecutor for the State has vehemently opposed the aforesaid contentions raised on behalf of the petitioner. The State has also filed a Status report. According to the status report it is informed that the petitioner has been attributed the role of hitting the complainant with stick on his head. The role of the petitioner is similar to the role of his brothers, Salman and Shahrukh, whose bail applications have already been dismissed by the learned Additional Sessions Judge vide order dated 16.11.2016, theref....