Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC NO. 335/2023
STATE Vs. RAHUL & ORS.
FIR No.151/2023
PS: SOUTH CAMPUS
u/s. 302/419/468/471/34/120-B IPC
07.02.2024
Present: Sh. Manoj Kumar Garg, Ld. Addl. PP for the State.
Today, the matter is fixed for orders on the bail
application of accused Harun. Detailed arguments have been
addressed by all the stakeholders on the LDOH.
ORDER
1. In the application, it is stated that the applicant has
been falsely implicated in the present case. No active role has
been attributed to him. He has not even assisted the assailants to
hit or stab the deceased. He was neither known to the deceased
nor the assailants. There was no previous enmity. It is stated that
the star witness Ms. Harshita in her statement u/s 161 Cr.P.C.
recorded on 18.06.2023 has not taken the name of the present
applicant. It is subsequently in her statement u/s 164 Cr.P.C.,
recorded on 20.06.2023, she took the name of the present
applicant. Even on perusal of the statements of the main witness,
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SC NO. 335/2023
STATE Vs. RAHUL & ORS.
FIR No.151/2023
PS: SOUTH CAMPUS
u/s. 302/419/468/471/34/120-B IPC
it is evident that the only allegation against the applicant is that
he pushed Harshita. It is submitted that nothing incriminating has
come up against the applicant in the entire charge-sheet. He is a
young boy and has no previous involvement. It is prayed that he
be released on bail. He is ready to abide by any condition
imposed by the court.
2. Per contra, the application is vehemently opposed by
the ld. counsel for Complainant and Ld. Addl. PP for the State on
the ground that the present applicant was present on the spot
when the murder of deceased was committed. The friend of
deceased Nikhil namely Harshita who was present with him at
the time of incident, in her statement u/s 161 Cr.P.C and u/s 164
Cr.P.C. has disclosed that the present applicant Harun was
present at the spot and that he was part of the criminal conspiracy
and common intention in committing the murder of Nikhil. It is
prayed that considering the gravity of the offence, the application
be dismissed.
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SC NO. 335/2023
STATE Vs. RAHUL & ORS.
FIR No.151/2023
PS: SOUTH CAMPUS
u/s. 302/419/468/471/34/120-B IPC
3. Heard ld. Defence counsel, ld. counsel for the
complainant and ld. Addl. PP for the State and perused the report
of the IO and the complete chargesheet.
4. The case of prosecution is that on 18.06.2023, PCR
call was received vide GD No. 16A from Charak Palika Hospital
that a patient namely Nikhil had been stabbed at Arya Bhatt
college and is brought dead. The present FIR was registered and
statement of eye-witnesses were recorded. During investigation,
it was revealed the deceased was a student of Aryabhatt College.
On 18.10.2023, students of other college with some outsider boys
beat him and one of the boys had stabbed him in his chest with
knife resulting in his death. After committing the offence, the
alleged boys ran away on two scooties and one bike. CCTV
cameras were analyzed and on the basis of CCTV footage of
surrounding areas and details of the vehicles, the names of the
assailants were identified as Rahul, Harun, Yash, Raj Singh,
Talim, Anas and Ajay. After detailed interrogation, they were
arrested. Out of all these persons, two were CCL. The weapon of
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SC NO. 335/2023
STATE Vs. RAHUL & ORS.
FIR No.151/2023
PS: SOUTH CAMPUS
u/s. 302/419/468/471/34/120-B IPC
offence i.e. knife was recovered at the instance of one CCL. The
testimony of Ms. Harshita who was accompanying the deceased
at that time was recorded u/s 161 Cr.P.C. and 164 Cr.P.C. As per
prosecution, the said witness has stated that she noticed one of
the accused was wearing one black colour hand band and she
identified the said person as Harun in both the statements.
5. It has been vehemently argued by Ld. Defence
Counsel that PW Harshita never took the name of applicant in
her statement u/s 161 Cr.P.C. It is subsequently that she took the
name of applicant when her statement u/s 164 Cr.P.C. was
recorded.
6. I have perused both the statements of Ms. Harshita
recorded u/s 161 Cr.P.C. and 164 Cr.P.C. She in her statement u/s
161 Cr.P.C. dated 18.06.2023 has stated about the entire incident
and the relevant portion pertaining to the applicant is reproduced
as under:
………..unme se ek ladke ne mujhe hath marte hue
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SC NO. 335/2023
STATE Vs. RAHUL & ORS.
FIR No.151/2023
PS: SOUTH CAMPUS
u/s. 302/419/468/471/34/120-B IPC
dhakka diya. Tabhi unme se ek ladke ne Nihil ki chati
par chaku se waar kiya. Jo Rahul chillane laga –
Harun, Anas bhag yha se, fir wo ladke waha se kuch
dur par khadi scooty or motorcycle se bhaag gay.
She in her statement u/s 164 Cr.P.C. dated
20.06.2023 has stated as under:
…..Itne me 4-5 ladke mere and Nikhil ke samne
aaye aur Nikhil se maar peet karne lage, jisme se ek
ladke ne black t-shirt pahni thi aur hath me black band
pahen rakha tha. Usne mujhe dhakka diya. Uska nam
Harun hai. Jaise usne mujhe dhakka diya, maine uske
chehre se cover hata diya aur uska chehra dekh liya.
7. On perusal of both the statements, it is evident that
Ms. Harshita who is the eye-witness of the incident has taken the
name of accused/applicant Harun that he was present alongwith
co-accused persons on the spot at the time of incident and he
even pushed her, in the meantime, the co-accused stabbed Nikhil
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SC NO. 335/2023
STATE Vs. RAHUL & ORS.
FIR No.151/2023
PS: SOUTH CAMPUS
u/s. 302/419/468/471/34/120-B IPC
resulting in his death. The prosecution has also relied upon the
CCTV footage, wherein accused Harun who was wearing black
hand bank is seen driving the vehicle near the place of incident.
8. Considering the nature of allegations and gravity of
offence, no ground is made out for grant of bail. The applicant is
dismissed.
Nothing stated herein above shall tantamount as an
expression of opinion on the merits of the case. The copy of the
order be given dasti to the Ld. Counsel for accused / applicant
and one copy of the order be sent to concerned Jail
Superintendent to be served upon the accused/applicant in
compliance of Sanjay Singh Vs. State (Govt. of NCT of Delhi),
WP Cr. no. 974/2022.
(KIRAN GUPTA)
Addl. Sessions Judge-04
Patiala House Courts
New Delhi/07.02.2024
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