Final Order 5

Order Details: COPY OF ORDER
Pdf Text: Bail Matters 1018/2024
STATE Vs. Shashi Kumar
FIR No.41/24
PS Vasant Kunj South
U/s 308/34 IPC
29.07.2024
Present: Sh. Irfan Ahmed, Ld. Addl. PP for the State.
IO SI R. P. Meena in person.
Sh. A. K. Sheoran, Ld. Counsel for applicant/
accused Shashi Kumar.
Sh. Vikrant Sharma, Ld. Counsel for complainant/
victim. (Appeared through VC)
Complainant/ victim Pawan Kumar appeared
through VC.
1. This is a bail application under section 439 Cr.P.C.
seeking grant of regular bail filed on behalf of the applicant/
accused Shashi Kumar.
2. Reply to the present application filed by the IO.
Copy supplied.
3. It is submitted by Ld. counsel for applicant/ accused
that applicant/ accused is innocent and has been falsely
implicated by the complainant at the instance of Santosh due to
enmity. Applicant/ accused has not committed any offence as
alleged by the complainant in the FIR as he was neither present at
the spot nor had any role to play in the alleged incident.
Applicant/ accused was quite far away from the spot at his
premises and the CCTV footage of the same at the relevant time
are available with the applicant/ accused to prove his innocence.
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4. It is further submitted that nothing incriminating has
been recovered from the possession of the applicant/ accused or
at his instance. Applicant/ accused is not a previous convict. No
offence u/s 308 IPC is made out in the present case since the
complainant/ injured has received injuries only on his hands and
legs and has not received any injuries on his head or upper part of
his body. Investigation in the present case is complete and main
charge-sheet and supplementary charge-sheet have been filed and
applicant/ accused is not required for the purpose of
investigation. Applicant/ accused is resident of Delhi and there is
no apprehension of his absconding or fleeing from justice.
Applicant/ accused undertakes to abide by all the terms and
conditions if he is granted bail.
5. Ld. Counsel for applicant/ accused has placed
reliance upon an order passed by Hon’ble High Court of Delhi in
case titled as
“Ashish Vs. State, Bail Appln. No.1202/2024”.
6. Per contra, Ld. Addl. PP for State strongly opposed
the bail application arguing that allegations in the present case are
very serious in nature. Crime committed by applicant/ accused, is
heinous in nature. Applicant/ accused was arrested on 05.06.2024
in the present case and his 1st bail application was dismissed on
18.06.2024 from the Court of Ld. ASJ-03, NDD, PHC. CCTV
footage of the place of incident was obtained wherein accused
persons were carrying sticks in their hands and forcefully entered
into the shop of the complainant. CDR of the applicant/ accused
is also perused wherein applicant/ accused was found present at
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nearby spot. Co-accused Mona is yet to be arrested in the present
case.
7. It is further submitted that applicant/ accused was
granted interim bail but he did not cooperate in the investigation
and thus, his application seeking bail was dismissed. Applicant/
accused is deliberately evading the process of law. Applicant/
accused is a habitual offender and declared bad character of PS
Vasant Kunj South. Accused may tamper the evidence. Accused
may threaten/ win over the victim and other eye witnesses.
8. Submissions heard and perused the record carefully.
9. Brief facts: On 20.01.2024 at around 09:00 PM,
complainant present at his shop, in the meantime applicant/
accused along with co-accused persons visited his shop carrying
wooden sticks in their hands and made enquiry regarding Santosh
from him, for which he refused, on which applicant/ accused
along with co-accused persons started beating him. Applicant/
accused and co-accused Mona strikes with base ball stick over his
head, he tried to escape from there and went outside from the
shop, but co-accused Chandan and Bittu grabbed him. All the
accused persons grounded him and started beating him
mercilessly with wooden sticks, hockey and base ball stick. In
this regard, present case FIR was registered.
10. In the present case, name of applicant/ accused
mentioned in the FIR. Specific role has been attributed to the
applicant/ accused that he has hit the complainant with base ball
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on his head. 1st bail application of applicant/ accused was
dismissed on merits vide order dated 18.06.2024. Ld. Counsel for
applicant/ accused failed to show any material change in
circumstances, since, the dismissal of 1st bail application of
applicant/ accused on merits. Filing of supplementary charge-
sheet cannot be considered as material change in the
circumstances. Further, as per reply, applicant/ accused has
involvement in several other offences and is declared bad
character of PS Vasant Kunj South. Further, applicant/ accused
cannot claim bail on the ground of parity as his role is different
from the co-accused persons who have been granted bail. The
apprehension of the prosecution that accused might misuses his
liberty, once released to bail seems to hold merit.
11. Order relied upon by Ld. Counsel for applicant/
accused is distinguishable on facts and therefore, not applicable in
the present case.
12. Considering the seriousness of allegations and
gravity of offence, this Court is not inclined to release the
applicant/ accused on bail. Therefore, present bail application
stands dismissed. Application is disposed of accordingly.
Nothing stated herein shall tantamount to expression
of opinion on the merits of the case.
Copy of this order be given dasti.
(Dr. Hardeep Kaur)
Roster Judge, ASJ-02
NDD/PHC/New Delhi
29.07.2024
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