Order 2

Order Details: COPY OF ORDER
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SC No. 248/2021
IA No. 1/2024
State Vs. Tillu @ Dharuv
FIR No. 161/2024
PS Harsh Vihar
U/s 307/341/34 IPC
02.07.2024
This is 2nd application u/s 439 Cr.PC for grant of
regular bail moved on behalf of the applicant/accused Tillu @
Dharuv.
Present:- Sh. Sobit, Ld. Additional PP for the State.
Sh. Dalip Mishra, Ld. Counsel for applicant/
accused Tillu @ Dharuv.
Sh. Prashant Kumar Bharti, Ld. Counsel for
complainant along with complainant.
IO/ASI Vaibhav is present today.
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 his 1st bail application was dismissed as
withdrawn on 14.06.2024 before the Ld. Vacation Judge and now
the charge-sheet has been filed and case has been committed to
this court. It is submitted that co-accused Abhishek Chauhan has
been granted bail on 05.06.2024 and the applicant/accused and
complainant were working in Flipkart at Krishna Nagar and
known to each other and the applicant/accused had never called
the complainant on the alleged date of incident and no offence
u/s 307 IPC is made out as the injury opined is simple in nature.
There is no evidence to connect the accused with the crime and
nothing has been recovered from the applicant/accused and his
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custodial interrogation is not required. No purpose would be
served by keeping the accused behind the bars and trial will take
considerable time and he is the sole bread earner of his family.
2. Ld. Addl. PP for the State as well as complainant/
victim and his counsel have 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. It is further submitted that the complainant has receiving
threats from the accused persons and a complaint has been made
to SHO PS Farsh Bazar and Harsh Vihar and complainant has
produced the copy of the same mentioning DD No. 60-A and 77-
A respectively.
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 FIR, 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
associates Akash Gautam came back to his home on his
motorcycle and after sometime, the applicant/accused Tillu @
Dharuv 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 between applicant/accused Tillu @ Dharuv 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/
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accused Tillu @ Dharuv and Ganga Sahai Colony without
disclosing its to his family members and reached there at about
07:00 pm and Tillu @ Dharuv along with his brother and 4-5
other boys met him at Budh Mandir and when he reached near
them, all of them surrounding him and started abusing him,
which he opposed and then they caught hold of him and Tillu @
Dharuv 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. There are multiple injuries on the body of the victim
including the face, which is vital part of the body and he has got
multiple stitches as a result of assault and there is also threat
being extended to the complainant by the accused persons and
his associates. Ld. Counsel for the complainant has produced the
photographs of the injuries on the face and that there was lot of
bleeding. As per the IO, in the CCTV footage, accused Tillu @
Dharuv is deliberately engaged and indulged with intention to
kill the victim with sharp weapons along with others. The
accused had called the victim to settle the issues and then, caused
him injury, which shows that he had caused injury with pre-
meditated mind.
7. Chargesheet has been filed, but victim has not been
examined and brother of the accused i.e. co-accused Lucky is
absconding and proceedings against him u/s 82 Cr.PC has been
initiated against him. The accused cannot claim parity with co-
accused Abhishek Chauhan as the applicant/accused is the main
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accused and FIR named and he has caused injury on the face of
victim by sharp weapon and also on other part of body.
8. Considering the above facts and circumstances of
the case, the regular bail application of applicant/accused Tillu @
Dharuv is hereby dismissed.
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
22.07.2024
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