Order 37

Order Details: COPY OF ORDER
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
14.10.2024
This is the 2nd regular bail application filed on
behalf of accused Harun.
ORDER
1. In the application, it is stated that charges against the
applicant have already been framed. The star witness of the
prosecution has been examined-in-chief and cross-examined by
the counsel for the applicant. She had been confronted on all
material submissions she had made previously. That in the cross-
examination, the witness had given conflicting versions of the
statements and as such she had not deposed anything against the
applicant / accused. She had not attributed any active role to the
applicant. There is no other eye-witness or material witness cited
by the prosecution. That nothing incriminating has been
recovered from or at the instance of the applicant. The applicant
has clean antecedents and has been framed in the present case. It
is prayed that he be released on bail. He is ready to abide by any
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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
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 recorded in the court on
31.07.2024 has deposed that the present applicant Harun was
present at the spot alongwith the co-accused persons. She
identified him as the person who had pushed her. She had further
deposed that he was part of the criminal conspiracy and common
intention in committing the murder of Nikhil. It is further
submitted that the case of prosecution is not solely based on the
testimony of PW-1. The other material witnesses are yet to be
examined. It is prayed that considering the gravity of the offence,
the application be dismissed.
3. Heard ld. Defence counsel, ld. counsel for the
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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
complainant and ld. Addl. PP for the State and perused the report
of the IO and the complete charge-sheet.
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
offence i.e. knife was recovered at the instance of one CCL. The
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STATE Vs. RAHUL & ORS.
FIR No.151/2023
PS: SOUTH CAMPUS
u/s. 302/419/468/471/34/120-B IPC
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. Ms. Harshita has been examined-in-chief as PW-1
and she has been cross-examined by the counsel for
applicant/accused Harun. The cross-examination by the counsels
for the other accused persons has been deferred as per their
request. It is settled law that at the time of deciding the bail
application, the court should not evaluate the evidence. Since the
main ground of the second bail application filed on behalf of the
applicant is the testimony of PW-1 after dismissal of his earlier
bail application, the court has to consider her testimony recorded
on 31.07.2024. She during her testimony has narrated her entire
incident dated 18.06.2023 and the incident prior to that dated
11.06.2023. She has deposed that when she alongwith Nikhil
(deceased) were going towards the park near the gate of the
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STATE Vs. RAHUL & ORS.
FIR No.151/2023
PS: SOUTH CAMPUS
u/s. 302/419/468/471/34/120-B IPC
college, suddenly 4-5 boys came ahead and 4-5 boys came
behind them and they encircled them and started beating Nikhil.
One of the assailants pushed her. She removed the mask of the
boy who had pushed her. The said boy was wearing black colour
t-shirt and a band in his hand. She identified the boy who had
pushed her as applicant/accused Harun.
6. On perusal of the testimony of PW-1, who is the
eye-witness of the incident, it is evident that she has taken the
name of accused/applicant Harun as the person who 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 resulting in his death. The prosecution has also relied
upon the CCTV footage, wherein accused Harun who was
wearing black hand band is seen driving the vehicle near the
place of incident.
7. Considering the nature of allegations and gravity of
offence, no ground is made out for grant of bail. The application
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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
is accordingly 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.
(KIRAN GUPTA)
Addl. Sessions Judge-04
Patiala House Courts
New Delhi/14.10.2024
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