Order 7

Order Details: COPY OF ORDER
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SC No. 248/2024
IA No. 3/2024
State Vs. Tillu @ Dhruv
FIR No. 161/2024
PS Harsh Vihar
U/s 307/341/34 IPC
11.11.2024
This is 3rd application u/s 483 BNSS for grant of
regular bail moved on behalf of applicant/accused Tillu @ Dhruv.
Present:- Sh. Sobit, Ld. Additional PP for the State.
Sh. Chetan, Ld. Counsel for applicant/accused Tillu
@ Dhruv.
Sh. Vipin Kumar, Ld. Counsel for complainant
along with complainant.
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withdrawn on 14.06.2024 before the Ld.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 2nd
bail application was dismissed on 22.07.2024. Investigation of
the present case has already been completed and charge-sheet has
already been filed and case has been committed to this court. He
has not committed any alleged offence as alleged by the
complainant. It is submitted that co-accused Abhishek Chauhan
and Lucky have already been granted bail on 05.06.2024 and
15.10.2024 respectively. It is further submitted that complainant
concealed the material facts from the IO as well as the court, if
the court examine the CCTV footage, which is part of the charge-
sheet in which all the incident was captured and the act of the
complainant and his associates are clearly visible to attack upon
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the applicant/accused and his brother Lucky. The alleged injuries
upon the complainant opined by doctor as simple in nature. The
present FIR is totally false, frivolous and concocted and the same
is not believable in the eye of law that the allegations levelled by
the complainant are vague and contradictory to the material facts.
The present FIR was registered after a lapse of 12 hours. No
recovery has been effected from the applicant/accused and no
TIP of accused qua the recovery of the weapon has ever been
sought by the IO. He is only bread earner of his family and he
has never convicted nor involved in any criminal activity. He has
clean antecedents. No purpose would be served by keeping the
accused behind the bars and trial will take considerable time.
2. Ld. Counsel for applicant/accused has relied upon
some judgment titled as
Naresh Kharab Vs. State of Delhi in bail
application no. 1660/2024 dt. 13.11.2014, Sahil Dahiya Vs. State,
JCC 1521 (3) 2015, Geeta Vs. State Govt of NCT of Delhi, JCC
1476 (2) 2015, Ajay Verma Vs. State Govt NCT of Delhi in WP
(Crl.) 10689/2017 dt. 08.03.2018, Prabhakar Tiwari Vs. State of
UP & Anr, Sanjay Chandra Vs. CBI, (2012) Part-I, HCC and P
Chidambaram Vs. CBI (2019) 14 SCALE 157.
3. 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 and material witnesses have not been examined. It is further
submitted by the complainant that he is receiving threats from the
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accused persons and a complaint has been made to SHO PS
Farsh Bazar and Harsh Vihar.
4. IO has filed a reply and opposed the bail application.
5. I have heard the rival contentions of the bail
application and perused the record.
6. 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 associates 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
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.
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7. 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 shown the
photographs of the injuries on the face and that there was lot of
bleeding and complainant has shown his body parts where he
received injuries.
8. After showing the CCTV footage, Ld. counsel for
accused argued that complainant was accompanied with one
person Kapil, who started fight with the accused side and as
claimed, complainant was not alone. Seeing the said CCTV
footage, complainant states that Kapil was the neighbour of Tillu
@ Dhruv and he had not accompanied him. There are specific
allegations against applicant/accused Tillu @ Dhruv in the FIR
and also in the charge-sheet and he has 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 and he was the main
accused in the present case.
9. Charge-sheet has been filed, but victim has not been
examined and his last bail application was dismissed on
22.07.2024 and at that time also charge-sheet was filed and this
fact was considered and there is no much material change in
circumstances since then. The accused cannot claim parity with
co-accused Abhishek Chauhan and Lucky as he is the main
accused and FIR named and he has caused injury on the face and
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other body parts of the victim by sharp weapon. The maximum
punishment for offence u/s 307 IPC is imprisonment for life and
any injury is its aggravated form. The judgments cited by Ld.
Counsel for accused are not applicable to the present facts and
circumstances of the case at the present stage and the victim, who
has strong apprehension from accused, should depose freely and
if released on bail, there is chance that the applicant/accused may
try to influence the witnesses/complainant.
10. Considering the above facts and circumstances of
the case, the 3rd regular bail application of applicant/accused Tillu
@ Dhruv 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
11.11.2024
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