Final Order 1

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. DHEERAJ MOR : Ld. ASJ-06 : NEW
DELHI DISTRICT : PATIALA HOUSE COURTS : NEW DELHI
Bail Application No. 949/2024
State Vs. Sahil
FIR No. 37/2020
Under Sections 308/34 IPC
PS Vasant Kunj North
01.07.2024
This is an application under Section 438 CrPC for
seeking anticipatory bail of the applicant Sahil.
Present: Sh. S.K. Kain, Ld. Addl. PP for the State.
Sh. Pramod Tyagi, Ld. Counsel for the applicant.
Substitute IO SI Sumit on behalf of IO SI Rohit
along with the case file.
1. Reply to the bail application is filed by the IO. Its
copy is supplied to the other side.
2. Arguments on the bail application are heard. The
case file, bail application and its reply are carefully perused. The
CCTV footage of the camera installed at the place of incident
that is contained in the pendrive of the IO is watched on the
computer of the court.
3. Briefly stated, the present FIR dated 31.01.2020 u/s.
308/34 IPC was lodged on the complaint of Sh. Rahul Jain
wherein he had asserted that on 01.02.2020 at 03:15 am, he was
cleaning bakery of his uncle (
chacha). At that time, Ajay and
Amarjeet came there and started abusing him in a filthy
language. He had alleged that at about 3:40 am, Ajay and
Amarjeet again came along with other co-accused persons
namely Rohit Saini, Kushal, Lala Bata, Vicky and Naveen along
with other associates. They were armed with wooden sticks
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(
danda and
lathi). They all started beating him with wooden
sticks. Co-accused persons namely Rohit Saini and Kushal hit
him on his head with said wooden sticks due to which he
sustained serious injuries and fell on the road. Thereafter, all
accused persons ran away from there. He called the police who
took him to the hospital for his treatment.
4. During investigation, the CCTV footage of the
camera installed at the place of incident was analyzed and
identities of all the accused persons were ascertained. As per
MLC of the complainant, he sustained grievous injuries. A cross
FIR was lodged in respect of the said incident on the basis of the
complaint of the accused of this case. The co-accused Vicky @
Rahul has already been admitted to anticipatory bail vide order
dated 18.02.2020.
5. Ld. Counsel for the applicant submits that he has
been falsely implicated in this case. He submits that he was
merely a bystander at the spot. His friends acted in their self-
defence when they were attacked by the complainant and his
associates. He further submits that he has clear antecedents. He is
ready to join the investigation and he undertakes to cooperate in
the investigation. His chances of fleeing from justice are non-
existent. He submits that the co-accused persons with similar
allegations have already been granted granted anticipatory bail.
Nothing is required to be recovered from the applicant and no
fruitful purpose would be served by curtailing his liberty. With
these submissions, he has prayed for release of accused on
anticipatory bail.
6. On the other hand, Ld. Addl. PP for the State
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assisted by the substitute IO has opposed the present application.
He submits that the allegations against the applicant are very
serious in nature, which entails severe punishment. He submits
that the applicant is not joining the investigation and evading his
arrest. He submits that if released on bail he may induce or
threaten the complainant and may even tamper with the evidence.
He further submits that he along with co-accused persons are
clearly seen committing the present offence in the CCTV
footage. With these submissions, he has sought dismissal of the
present bail application.
7. Admittedly, the applicant does not have any
previous criminal involvement. The present offence was
committed more than four years back. In the CCTV footgae, the
applicant is not seen carrying any weapon in his hand. The
complainant was discharged from the hospital on the same day.
Nothing is required to be recovered from the applicant. His
custodial interrogation is not required. No fruitful purpose would
be served by curtailing his liberty. He is stated to have deep roots
in society and therefore, his flight risk is negligible. The co-
accused persons have already been enlarged on anticipatory bail.
The allegations and counter allegations as to who was aggressor
in the said incident shall only be determined after the trial of this
case and the cross FIR. Further, this court is conscious of the
settled principle of bail that “Bail is rule and jail is an exception”.
The said sacrosanct principle is one of the crucial guiding factor
for disposing off bail applications.
8. In the above facts and circumstances, in the interest
of justice and on the ground of parity, the applicant Sahil is
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admitted to anticipatory bail and he is directed to be released on
bail, if arrested, on furnishing of personal bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand Only) with one
surety in the like amount subject to satisfaction of the concerned
IO/SHO/ Ld. MM/Link MM/Duty MM and subject to following
conditions :-
I. He shall appear before the IO during investigation as
and when directed by him and he shall cooperate in the
investigation;
II. He shall not tamper with the evidence and regularly
appear before the trial court in case charge-sheet is
filed;
III. He shall not contact complainant/injured/any witness
and shall not pressurize them, induce them or extend
any kind of threat to them; and
IV. He shall convey his address to the Court and the
SHO/IO concerned in case of its change.
9. The observations made while disposing off the
present application shall not tantamount to the expressions on the
merits of the case. Application is accordingly disposed off.
10. The present incident took place more than four years
back and the FIR was lodged on the date of incident. Despite
that, no sincere efforts have been made by the IO and his
supervisory officers to conclude the investigation of this case.
They appear to have been hibernating on the present file for the
reasons best know to them. In these circumstances, I deem it
appropriate that the said slipshoddy conduct of the IOs and their
supervisory officers be brought to the notice of the Joint
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Commissioner, New Delhi Range, Delhi who is directed to take
necessary action against the delinquent officials with an
intimation to the court within 15 days from today.
11. A copy of this order be given
dasti to Ld. Counsel
for the applicant and the IO. Another copy of this order be sent to
the concerned court of Ld. MM and Joint Commissioner, New
Delhi Range, Delhi for necessary action.
(Dheeraj Mor)
Bail Roster Judge
ASJ-06/NDD/PHC
New Delhi:01.07.2024
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