Delhi High Court - Orders
Vishal vs The State (N.C.T Of Delhi) on 27 September, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3413/2021 & CRL. M.A. 14632/2021 (for exemption)
VISHAL ..... Petitioner
Through : Mr. Shivender Kumar Sharma and
Mr.Shubhi Gupta, Advocates.
versus
THE STATE (N.C.T OF DELHI) ..... Respondent
Through : Mr. Mukesh Kumar, APP for the
State along with SI Ajay Singh, P.S.
Pahar Ganj, Delhi.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 27.09.2021 The applicant, vide the present application seeks the grant of bail in relation to FIR No. 315/2021 registered under Sections 147/148/149/307/324/34 Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act at P.S. : Pahar Ganj, Delhi, submitting to the effect that he was not present at the spot of the occurrence and that the CCTV footage of his house would show the same.
2. The status report dated 25.09.2021 submitted by the State seeks to negate the said submission and it is submitted that in relation to the incident dated 14.08.2021 that took place of a quarrel and firing incident at Nehru Bazar, Pahar Ganj, Delhi wherein, there were two groups of boys indulging in quarrelling and using fire arms and sharp edged weapons, as a consequence of which two persons sustained injuries and two live cartridges Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.09.2021 20:03:04 This file is digitally signed by PS to HMJ ANU MALHOTRA.
and three empty cartridges, two bullet heads and blood were found on the spot. On inquiry, it was found that a person named Bhupender had been injured and that Constable Ramjeet No. 2699/C, who had reached the spot first on 14.08.2021 had apprised that at about 3:30 pm, an unknown person had informed him that some persons were quarrelling with each other near Relax Hotel, Nehru Bazar and on receipt of this information, Constable Ramjeet No. 2699/C came to the spot and found that 08 to 10 persons were quarrelling with each other, and that Constable Ramjeet had identified some of them being residents of the area of Pahar Ganj i.e. Gajender @ Banner and his brother Bhupender and 02 to 03 associates on one side and on the other side there were Rajesh Meena, Amit Raghat @ Tamator, Manoj Rana, Himanshu @ Nippal, Rahul @ Ganja and Rishabh, with injuries having been sustained by Bhupender on his legs with an injury in the left hand of Rajesh Meena and that the said Constable Ramjeet No. 2699/C warned them of their act being unlawful and the rioters ran away from the spot. The statement of Constable Ramjeet No. 2699/C dated 14.08.2021 is stated to have been recorded. It has been submitted further through the status report dated 25.09.2021 that the CCTV cameras installed of the scene of crime were checked and it was found that there were 10/12 boys/persons involved in quarrelling, who has used fire arms, gun and knives.
3. The applicant however is not seen in the CCTV footage though it has been stated by the State, through the said status report that during the course of investigation, the present applicant was arrested on 16.08.2021 on the basis of the disclosure statement of Amit Raghav @ Tamatar and that the applicant was also identified by Constable Ramjeet No. 2699/C who stated that the applicant was also present at the spot and had instigated his Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.09.2021 20:03:04 This file is digitally signed by PS to HMJ ANU MALHOTRA.
associates Amit Raghav @ Tamatar and Manoj Rana.
4. On behalf of the applicant, learned counsel for the applicant has placed reliance on the status report dated 28.08.2021 submitted by the State during the course of the bail application before the Sessions Court in which it has been averred to the effect that the applicant was involved in three criminal cases being FIR No. 158/2018, P.S. : Nabi Karim, FIR No. 108/2019, P.S. : Nabi Karim and FIR No.281/20, PS Nabi Karim and arrested in the present case on the basis of the disclosure statement of the accused Amit Raghav @ Tamatar and that the applicant belonged to the group headed by accused Amit Raghav @ Tamatar, though the applicant was not seen in the CCTV footage.
In the case diary produced by the Investigating Officer now, the applicant is stated to have been identified by Constable Ranjeet as being one of the persons present at the spot who was exhorting Amit Raghav @ Tamator and Manoj Rana to attack the other party.
5. In reply to a specific court query, it is informed on behalf of the State that it was inadvertently not mentioned in the status report dated 28.08.2021 submitted to the trial court that there were allegations against the applicant in the statement of Constable Ramjeet recorded under Section 161 Cr.P.C. dated 16.08.2021 by. It has also been submitted on behalf of the Sate that the applicant is also involved in three other criminal cases, details of which are submitted in the status report. On behalf of the applicant it is submitted that the applicant is on bail in all other three cases.
6. In reply to a specific court query, it is submitted by the Investigating Officer that the applicant is aged 21 years of age.
7. Taking into account the age of the applicant and the factum that the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.09.2021 20:03:04 This file is digitally signed by PS to HMJ ANU MALHOTRA.
allegations against the applicant relate only to his alleged exhortation at the spot of occurrence without anything to indicate that any weapon of offence had been recovered from the applicant nor is there any other overt act alleged against him apart from exhortation to the co-accused to allegedly assault the persons of the opposite gang, in the circumstances, the applicant is allowed to be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with 01 surety of the like amount to the satisfaction of the Trial Court with directions that the applicant shall not leave the country; he shall appear before the Investigating Agency and shall join the investigation of the case, as and when required by the Investigating Agency;
he shall keep his mobile phone on at all the times to ensure that he is available;
he shall drop a pin on the Google map so that his location is available to the Investigating Officer;
he shall not commit any offence whatsoever during the period of interregnum;
he shall not attempt to intimidate the prosecution witnesses in any manner and in the event of any FIR/complaint being lodged against the applicant, it would be open to the State to bring it to the notice of Court to seek redressal in relation to cancellation of bail which prayer, if any, would be dealt with on its own merits.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.09.2021 20:03:04 This file is digitally signed by PS to HMJ ANU MALHOTRA.
The petition is disposed of.
ANU MALHOTRA, J SEPTEMBER 27, 2021 j Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.09.2021 20:03:04 This file is digitally signed by PS to HMJ ANU MALHOTRA.