Order 13

Order Details: COPY OF ORDER
Pdf Text: SC No. 248/2024
IA No. 5/2025
State Vs. Tillu @ Dhruv
FIR No. 161/2024
PS Harsh Vihar
U/s 307/341/34 IPC
17.04.2025
This is 5th application u/s 483 BNSS (u/s 439 Cr.PC)
for grant of regular bail moved on behalf of applicant/accused
Tillu @ Dhruv.
Present:- Sh. Sobit, Ld. Additional PP for the State.
Sh. Rohit Tyagi, Ld. Counsels for applicant/accused.
IO/SI Nitin Kumar present in person.
ORDER
1. It is argued by Ld. counsel for applicant/accused that
he has been falsely implicated in the present case and he is in JC
since 18.03.2024 and four bail applications were dismissed. The
applicant/accused was working with the complainant in the same
office in Flipkart and complainant have enmity with the
applicant/accused because of performance of work and
completion of target and complainant and accused went to home
from the office and applicant/accused was arrested on 18.03.2024
on the FIR of complainant. Applicant/accused is innocent and has
been trapped into concocted story created by the complainant
with the help of his friends and some police official. There is no
recovery of weapon used in this incident from the
applicant/accused and there is no other relevant case property on
which basis, he be detained in JC. Applicant/accused is the
permanent resident of Delhi, so there is no chance of his
absconding or tampering with the evidence and he is ready to
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join the investigation as and when required.
2. Ld. Addl. PP for the State has opposed the bail
application on the ground of gravity of offence and that the
applicant/accused is FIR named and he is the main accused, who
had caused injury to the victim along with his associate and there
are more than 100 stitches on the face of victim and multiple
injury on other body parts and material witnesses have not been
examined.
3. IO has filed a reply and opposed the bail application.
4. I have heard the rival contentions of the bail
application and perused the record.
5. As per the case of prosecution, complainant
Virender alleged that he was working in Flipkart and on
02.03.2024 at about 09:00 am, he went to his duty and at about
06:30 pm, he along with his associate Akash Gautam came back
to his home on his motorcycle and after sometime, applicant/
accused Tillu @ Dhruv called him to his home to settle the old
issues and the complainant’s maternal uncle also used to reside
near the house of the applicant/accused and few days back, the
complainant had an altercation with applicant/accused Tillu @
Dhruv on some issues and he thought that the old issues would
come into end and on that pretext, he went towards the house of
applicant/accused Tillu @ Dhruv at Ganga Sahai Colony without
disclosing it to his family members and reached there at about
07:00 pm and accused Tillu @ Dhruv along with his brother and
4-5 other boys met him at Budh Mandir and when he reached
near them, all of them surrounded him and started abusing him,
which he opposed and then they caught hold of him and accused
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Tillu @ Dhruv had hit on his mouth with some sharp object and
his face started bleeding and they also hit on his back with that
object and also on his hand due to which he sustained injuries
and then accused persons fled away from the spot and he was
taken to the GTB Hospital.
6. The applicant/accused is in JC since 18.03.2024 i.e.
more than a year and co-accused persons have already been
granted bail and there are 6 lacerated wounds over fingers and
left side of face and the charges framed against applicant/accused
is u/s 308/341/34 IPC and not u/s 307 IPC as there was no
intention to kill the accused as the injury opined is simple in
nature and there are only lacerated wounds and no weapon was
recovered and it is not clear as to which weapon was used and
there are contradictions in the statements of eye-witness and
other witnesses regarding the weapon used. The maximum
punishment for offence u/s 308 IPC is 7 years.
7. Considering the above facts and circumstances of
the case, the 5th regular bail application of applicant/accused Tillu
@ Dhruv is allowed and he is admitted to regular bail on his
furnishing a personal bond in the sum of Rs. 25,000/- with one
surety of like amount to the satisfaction of the concerned Court,
subject to following conditions:-
1. The accused will appear before the court regularly
during trial and shall not seek frequent
adjournments.
2. In case of change of residential address or contact
details, the applicant shall promptly inform the same
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to the concerned Investigating Officer/SHO as well
as to the concerned Court.
3. That accused will not contact complainant and his
family members or any prosecution witness directly
or indirectly in any manner.
4. That accused shall not commit any crime during
bail.
5. That accused will not leave the country without the
permission of the Court.
Nothing mentioned herein shall tantamount to any
expression on the merits of the case.
The bail application is accordingly disposed of.
Copy of this order be sent to Jail superintendent
concerned, IO/SHO concerned and be given dasti to Ld. counsel
for accused.
(Kumar Rajat)
ASJ-07/SHD/KKD Courts/Delhi
17.04.2025
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