Interim Order 24

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IA No. 4/24 in SC No. 170/23
State vs. Harender @ Lala
FIR No. 913/2022 U/s 307/34 IPC
PS Bhalswa Dairy
02.12.2024
The undersigned is working as Link Judge today for the Court of
Ld.ASJ-02, North District, Rohini Courts, Delhi, which is a vacant
Court.
Matter is being taken up today on an application u/s 439 Cr.PC
moved on behalf of applicant/accused Harender @ Lala seeking
regular bail.
Present : Sh. P.K. Samadhiya, Ld. Addl. PP for the State.
Ms. Chinki and Ms. Mohifa, Ld.Counsels for the
applicant/accused.
IO/SI Mahendra Koli is also present.
1. This is an application u/s 439 Cr.PC moved on behalf of
applicant/accused Harender @ Lala seeking regular bail.
2. IO has filed reply. Same is taken on record.
3. Heard. Record perused. Ld. Counsel for the
applicant/accused seeks bail for the applicant/accused on the
following grounds :- (i) The applicant/accused is innocent and he
has been falsely implicated in the present case; (ii) The injured was
discharged from the hospital on the same day; (iii) PWs Rahul and
Arjun are not appearing in the Court to tender their evidence; (iv)
There is no CCTV footage of alleged incident; (v) There is no eye
witness account of the alleged incident; and (vi) The
applicant/accused is in JC since 23.11.2022; it will take considerably
long time to conclude the trial and he cannot be kept in JC for an
indefinite period.
Contd.......
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State vs. Harender @ Lala
FIR No. 913/2022 U/s 307/34 IPC
PS Bhalswa Dairy
4. Ld. Addl. PP for the State has strongly opposed the
present application and has submitted that the allegations against the
applicant/accused are of very serious in nature and he may extend
any kind of threat to the material public witnesses, if he is released
on bail.
5. I have heard Ld. Counsel for the applicant/accused, Ld.
Addl. PP for the State and have perused the record. The statement of
complainant Arjun is on record who has stated that on 20.11.2022 at
around 6:30 pm, he had gone to a public park near his house; at that
time, applicant/accused Harender @ Lala, accused Zeeshan @ Tedha
and accused Ansh @ Gandhi, who were already known to him, were
also present there; the above said accused persons started
quarreling/scuffling with the complainant and also started abusing
him; when the complainant tried to save himself, the
applicant/accused said to him “
tu mujhe jaanta nahi kya, mera naam
Chhota Chhedi hai, main yahaan ka daada hoon, lagta hai tujhe
sabak sikhana padega, tu badaa hamaari khabar deta hai doosron ko”,
saying so, the applicant/accused took out a knife from his left dub
and started inflicting injuries on the stomach of the complainant; the
applicant/accused also exhorted other accused persons to do so and
they also inflicted injuries upon the complainant with intention to kill
him.
6. There are allegations by name against applicant/accused
Contd.......
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State vs. Harender @ Lala
FIR No. 913/2022 U/s 307/34 IPC
PS Bhalswa Dairy
Harender @ Lala and the main role has also been attributed to him.
The matter is at the stage of prosecution evidence and the public
witnesses including the complainant/injured are yet to be examined.
The allegations against applicant/accused are grave and serious in
nature. In the above facts and circumstances and in view of nature
and gravity of offence, no ground is made out to grant bail to the
applicant/accused, at this stage. The present application is
accordingly dismissed.
7. Copy of this order be given dasti to the Ld. Counsel for the
accused and to the IO and be also sent to Jail Superintendent for
information.
8. Put up for purpose fixed on date already fixed i.e. 25.03.2025.
(JAGMOHAN SINGH)
ASJ-03, North District
Rohini Courts,
Delhi/02.12.2024
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