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Shiv Charan Chauhan vs State Of Nct Of Delhi on 7 March, 2022

Author: Anu Malhotra

Bench: Anu Malhotra

                      $~10
                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +      BAIL APPLN. 4004/2021 & CRL.M.(BAIL) 1334/2021

                             SHIV CHARAN CHAUHAN                                 ..... Petitioner
                                                Through:     Mr.Utkarsh Singh, Advocate.
                                                versus

                             STATE OF NCT OF DELHI                               ..... Respondent
                                                Through:     Mr.Mukesh Kumar, APP for State
                                                             with SI Prakash Kashyap, Police
                                                             Station Rajouri Garden.
                             CORAM:
                             HON'BLE MS. JUSTICE ANU MALHOTRA
                                     ORDER

% 07.03.2022 The applicant, vide the present application seeks the grant of regular bail in terms of Section 439 of the Cr.P.C., 1973 in relation to the FIR No.511/2019, PS Rajouri Garden under Sections 302/323/34 of the Indian Penal Code, 1860 submitting to the effect that he has been incarcerated since 06.10.2019 and that the allegations levelled against the applicant do not fall within the ambit of Section 302 of the Indian Penal Code, 1860 and that the injuries on the deceased had not been inflicted by the applicant.

During the course of the proceedings conducted on 24.11.2021, it was considered essential to peruse the MLC of the injured Dhruv Chand as well as the statement under Section 164 of the Cr.PC, 1973 of the child Sagar as mentioned in the status report. The statement of the child under Section 164 of the Cr.PC, 1973 does not spell out the alleged commission of the offence BAIL APPLN. 4004/2021 Page 1 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.03.2022 18:29:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.

punishable under Section 302 of the Indian Penal Code, 1860 against the applicant.

Vide proceedings dated 10.01.2022, in view of the submissions made in the status report dated 19.11.2021 to the effect:-

"2. Shri. Dhruv Chand Pathak S/o Lt. Shri. Mukut Bihari Pathak R/o House No. G-28 Shyam Nagar, Tilak Nagar, New Delhi present In Hospital and recorded his statement and he alleged that he is working as building material supplier Near Shayam Nagar Near Kali Mata Mandir, New Delhi and sold cement at House No.A-42 New TC Camp Raghuhir Nagar, New Delhi. He had sold building material to Shri. Shiv Charan Chauhan S/o Shri.Ramjiyawan R/o House No. B-160 New TC Camp Raghubir Nagar, New Delhi and around 1 lac 37 thousand was due on him. Complainant sent Manoj to call Shiv Charan Chauhan. After some time Sh. Shiv Charan Chauhan came to his shop and complainant was asked to pay his dues. Meanwhile hot argument started and his son namely suraj and family members of Shiv Charan Chauhan namely Sushil @ kallu, Sunil, Anil and his brother in law Anil @ guddu also reached there Sushil @ kallu, Sunil and Anit@ guddu caught suraj and Anil who was having stick in his hand started beating him. Then Anil hit Dhruv Chand Pathak also. Meanwhile Shiv Charan Chauhan picked up a gas cylinder and hit on the back of Shri. Dhruv Chand Pathak and then he hit suraj also with that Cylinder on his chest and due to this impact Dhruv fell down and all other started beaten him with punches while he was lying on the ground. After that all the accused persons ran away from the spot. ", and the Post-Mortem report of Prashant Pathak @ Suraj, aged about 21 years as per the external examination revealed injuries to the effect:

''EXTERNAL.EXAMINATION:

1. Contusion, reddish in colour of size 3cm x 1cm present BAIL APPLN. 4004/2021 Page 2 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.03.2022 18:29:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.

over front of left side of chest placed 3cm medial to left nipple.

2. Contusion, reddish in colour of size 2.5cm x 1cm present over lop of right shoulder.

CHEST(THORAX)

5. Heart and pericardial sae: Superficial laceration of size 1.5 cm x 0.8cm present on the anterior surface of left ventricle and also contusions reddish in colour about 4cm x 2cm on the anterior surface of the left ventricle ".

the cause of death had been opined qua Suraj as per the post mortem report dated 06.10.2019 by the Department of Forensic Medicine, DDU, Hospital to be polytrauma consequent upon blunt force impacts to the multiple vital organs with all injuries being ante mortem in nature, fresh in duration caused due to blunt force impact with injuries to the heart and liver sufficient to cause death in the ordinary course of nature individually as well as collectively.

In view of the averments in the FIR, the applicant alongwith other co- accused persons had pulled out the son of the complainant from the shop and assaulted him and the applicant inter alia had taken out a small cylinder and assaulted the complainant on his back, in view of the submissions that had been made by the learned APP for the State on 10.01.2022 that as per the status report, the deceased had been assaulted on his chest through the cylinder by the applicant, it was considered essential to peruse the statement and vide order dated 10.01.2022, the State was directed to submit the statement recorded during the course of investigation, qua the specific allegation wherein it was averred to the effect alleging that the applicant assaulted Suraj with the cylinder on his chest.

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.03.2022 18:29:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.

In reply to a specific Court query, learned APP for the State submits that there is no such statement that has been recorded to the effect that the applicant has assaulted Suraj, the deceased with the cylinder on his chest and that this has been so averred through the disclosure statements of the accused persons and that is why it was so incorporated in the status report dated 19.11.2021.

Without any observations on the merits or demerits of the trial that would take place in relation to FIR No.511/2019, PS Rajouri Garden, taking into account the factum that the allegations thus brought forth in the absence of allegations against the applicant of the assault on the deceased with the cylinder, thus, now relate to the applicant having allegedly assaulted the complainant, Dhruv Chand Pathak on his back with a small cylinder as per the FIR itself, with injuries sustained by Dhruv Chand Pathak being simple in nature caused by a blunt object with there being no previous adverse antecedents against the applicant with the applicant being incarcerated since 06.10.2019, the applicant in the instant case is allowed to be released on bail on filing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one surety of the like amount to the satisfaction of the learned Trial Court with directions to the applicant to the effect that:-

 he shall not leave the country;  he shall appear before the learned Trial Court as and when directed by the learned Trial Court;

 he shall keep his mobile phone on at all times;  he shall drop a PIN on the google map to ensure that his location is available to the Investigating Officer;

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.03.2022 18:29:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.

 he shall not make any attempt to intimidate/influence the prosecution witnesses.

The application is disposed of.

ANU MALHOTRA, J MARCH 7, 2022 nc BAIL APPLN. 4004/2021 Page 5 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.03.2022 18:29:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.