Order 5

Order Details: COPY OF ORDER
Pdf Text: -1-
E-Filing No. ADL20230015916D202400046
SC No. 248/2024
IA No. 2/2024
State Vs. Lucky
FIR No. 161/2024
PS Harsh Vihar
U/s 307/341/34 IPC
15.10.2024
This is 2nd application u/s 438 BNSS for grant of
regular bail moved on behalf of applicant/accused Lucky.
Present:- Sh. Sobit, Ld. Additional PP for the State.
Sh. Chetan and Ms. Deepika, Ld. Counsel for
applicant/accused Lucky.
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 06.08.2024 and his 1st bail application was dismissed as
withdrawn on 24.09.2024 by this court and now the charge-sheet
has been filed and case has been committed to this court.
Interrogation and investigation qua the applicant/accused have
already been completed and supplementary charge-sheet has
been filed. He had surrendered before the concerned court and
since then, he was arrested on 06.08.2024. It is submitted that co-
accused Abhishek Chauhan has been granted bail on 05.06.2024
and the complainant concealed the material facts from the IO as
well as the Hon’ble Court. If the Court examines the CCTV
footage, which is now part of the charge-sheet in which the
incident was captured, the act of the complainant and his
associates are clearly visible to attack upon the applicant/accused
and his brother Dhruv.
-- 1 of 4 --
-2-
2. It is further submitted that alleged injuries opined as
simple in nature, so no offence u/s 307 IPC is made out. The
present FIR was registered after a lapse of 12 hours. He is not
involved in any criminal case and he has clean antecedents.
There is no evidence to connect the accused with the crime and
nothing has been recovered from him and his 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.
3. Ld. Counsel for applicant/accused has relied upon
some judgements titled as
Naresh Kharab Vs. State of Delhi,
Sahil Dahiya Vs. State, JCC 1521 (3) 2015, Geeta Vs. State
Govt. NCT of Delhi, JCC 1476 (2) 2015, Ajay Verma Vs. State
Govt. NCT of Delhi, WP (Crl.) No. 10689/2017, Prabhakar
Tiwari Vs. State of UP & Anr., Sanjay Chandra Vs. CBI, (2012)
Part-I, HCC and P Chidambaram Vs. CBI, (2019) 14 Scale 157.
4. Ld. Addl. PP for the State has opposed the bail
application on the ground of gravity of offence and that the
applicant/accused absconded after offence and he was involved
in the crime and main accused is still in JC and applicant/accused
may influence the witnesses.
5. IO has filed a reply and opposed the bail application.
6. I have heard the rival contentions of the bail
application and perused the record.
7. 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, accused Tillu @ Dhruv
along with his associates Akash Gautam came back to his home
-- 2 of 4 --
-3-
on his motorcycle and after sometime, 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. Few days back, the complainant had an
altercation with accused Tillu @ Dhruv on some issues and he
thought that the old issues would come to end and on that pretext,
he went towards the house of accused Tillu @ Dhruv at Ganga
Sahai Colony without disclosing it to his family members and
reached there at about 07:00 pm and 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 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.
8. There are multiple injuries on the body of the
victim, but as per MLC, the injury is opined as simple in nature.
Chargesheet has been filed against the applicant/accused and he
was declared PO so the chargesheet is filed u/s 307/341/34 and
section 174-A IPC. The co-accused Abhishek Chauhan has
already been granted regular bail and he was having similar role.
The applicant/accused is in JC since 06.08.2024 and there is no
previous involvement of the applicant/accused filed by the IO.
The trial will take time and the applicant/accused is not FIR
named and investigation qua applicant/accused is complete.
-- 3 of 4 --
-4-
9. Considering the above facts and circumstances of
the case, the 2nd bail application of applicant/accused Lucky is
allowed and he is admitted to regular bail on his furnishing a
personal bond in the sum of Rs. 30,000/- with one surety of like
amount to the satisfaction of this court, subject to following
conditions:-
1. That accused will not contact complainant and his
family members or any prosecution witness directly
or indirectly in any manner.
2. The accused will appear before the court regularly
during trial and shall not seek frequent
adjournments.
3. In case of change of residential address or contact
details, the applicant shall promptly inform the same
to the concerned Investigating Officer/SHO as well
as to the concerned Court.
4. That the accused shall not leave the country without
the permission of the court.
10. 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
15.10.2024
-- 4 of 4 --