Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
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IA No. 01/2024 in SC 321/2024
STATE Vs. Vijay
FIR NO. 301/2024
PS Narela Indl. Area
U/s 306 IPC
07.06.2024
This is an application under Section 439 Cr.P.C. for
grant of bail moved on behalf of applicant/accused Vijay.
Present : Sh. Nishant Kumar, Ld Addl P.P for the state.
Mr. Vaibhav Jindal, ld. Counsel for applicant/accused.
Reply to the bail application has been filed.
Arguments have already been heard from Ld. Addl. PP
for the State and from Mr. Vaibhav Jindal, ld. Counsel for
applicant/accused.
Various grounds for seeking bail have been mentioned
in the application, which have been duly considered, however,
the same are not being reproduced herein for the sake of brevity.
1. Brief facts of the case are that on 20.03.2024 at about
6.46 p.m., information regarding the MLC of injured Ram Sharan
was received at PS Narela Indl. Area from Styawadi Raja Harish
Chandra Hospital, Narela, with the alleged history of fall from
height. It was revealed that the injured was employed as a
labourer at the factory of one Vijay Chaudhary located at Factory
No. B 2639 (plastic dana factory) DSIIDC, PS Narela Indl. Area,
Delhi. It was found that Vijay Chaudhary allegedly had a dispute
with the labourer Ram Sharan Shah over a payment issue and
when labourer/deceased came to his factory in drunken state and
quarreled with him over this, accused Vijay slapped him two-
three times. After that Vijay Chaudhary decided to take him to
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PS Narela Indl. Area, he contacted to HC Bhupender on his
mobile number 8750100501 (Beat Officer of Beat No.9,
DSIIDC Narela) and informed about the incident.
Accused Vijay Chaudhary brought labourer Ram
Sharam in the police station premises in his XUV 700 car bearing
no. DL10CR 5031, started climbing up and while Vijay
Chaudhary reached with Ram Sharam near the second floor of
the barrack, the labourer fell down from the parapet wall of stairs
of the second floor. Injured Ram Sharan immediately rushed to
SRHC Hospital in the vehicle of Vijay Chaudhary.
Injured Ram Sharan succumbed to his injuries during
treatment at LNJP Hospital, Delhi and information was received
at PS Narela Indl. Area vide DD No.130A dated 21.03.2024 at
11.06 p.m. consequently, Section 302 IPC was added in the
present case. Crime scene was recreated with dummy by the FSL
expert team and report of the same obtained in which accidental
fall and throw fall and ruled out by the expert.
2. It is submitted by Ld. Counsel for the applicant/
accused that the applicant/accused is innocent and he has been
falsely implicated in the present case and is running in JC since
21.03.2024. It is prayed that lenient view be taken.
3. On the other hand, Ld. Addl. PP for the State
vehemently opposed the bail application and argued that the
allegations against the applicant/accused are serious in nature and
the regular bail application of the applicant/accused be dismissed
4. As per the case of the prosecution it has been alleged
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that on 20.03.2024 the labourer (deceased), in a drunken state,
went to the factory of accused and asked for his wages. The
deceased in intoxicated condition insisted on receiving his wages
and began quarrelling with the applicant/accused in response the
applicant/accused slapped the deceased and called HC
Bhupender to report the altercation and asked him to come to the
factory. However, HC Bhupender informed him that he is busy at
P.S. and disconnected the call. Subsequently, the applicant/
accused personally brought the deceased to the police quarters
located behind P.S. NIA. Upon reaching on second floor of
quarters, the deceased, in fear, jumped from second floor stairs
parapet wall and sustained injuries. It is pertinent to mention that
the applicant/accused himself removed the deceased to the
hospital and the same shows the conduct of applicant/accused
It is admitted case of the prosecution that the deceased
himself visited the premises of applicant/accused in drunken state
and started quarrelling and whether any kind of instigation and
provocation made by the applicant/accused to jump from second
floor shall remain a matter of trial.
The applicant/accused informed police official about
the acts of deceased and thereafter also took him to the police
station. It is pertinent to mention that the applicant/accused
himself shifted the deceased to the hospital and this clearly
shows his conduct. The investigating officer had also got
conducted Dummy Exercise for ruling out the possibility of
murder.
It is submitted that in the FSL result of the dummy
exercise it had come out that possibility of accidental falling and
throwing the person can be ruled out out.
From the statement of eye witness ASI Vasant Kale
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and PW Pradeep Kumar, it transpires that accused was
downstairs nearby and not at the second floor from where the
deceased jumped and infact accused immediately rushed for help.
Accused is more than 50 years of age with no criminal
antecedents. He is merely an employer of the deceased worker
and there was a dispute of salary.
In the wake of aforesaid discussion and the fact that
investigation is now complete and charge sheet has been filed
and trial shall take its own course, no fruitful purpose would be
served by keeping the accused behind the bars.
In the light of the case of
Satender Antil Vs. CBI
decided on 11.07.2022 and Sidharth Vs. State of U.P. Crl. A No.
838/2021 decided by the Hon'ble Supreme Court on 16.08.2021,
accused Vijay is hereby enlarged on bail on furnishing of bail
bond for a sum of Rs.50,000/- with one surety of the like amount,
who is permanent resident of Delhi/NCR, to the satisfaction of
concerned Ld. MM/Link MM/Duty MM but subject to the
following conditions:
(a) The applicant/accused shall attend the court
proceedings regularly.
(b) That in case of change of his residential
addresses, he shall intimate the Court about
the same.
(c) The accused shall not leave the country
without prior permission of the Court.
(d) The accused shall not indulge into similar
offence in the event of release on bail.
(e) The applicant/accused shall not try to contact or
influence the witnesses, in any manner,
directly or indirectly.
Application stands disposed off.
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5.
It is clarified that nothing stated herein shall
tantamount to an expression of opinion on the merits of the case.
6. Copy of the order be given
dasti to the Ld. Counsel
for the applicant/accused as well as be sent to concerned IO,
concerned Jail Superintendent, Ld. Secretary, DLSA (North),
through all possible modes, as per rules.
(Shefali Sharma)
Addl. Sessions Judge-02(North)
Rohini Courts Delhi
07.06.2024
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