Delhi High Court - Orders
Sonu Kumar vs State on 17 January, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3983/2021
SONU KUMAR .... Petitioner
Represented by: Mr. R.K. Tarun, Advocate
through video conferencing.
versus
STATE ... Respondent
Represented by: Mr. Amit Gupta, APP for the
State through video
conferencing.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 17.01.2022 The hearing has been conducted through Video Conferencing.
1. By this petition the petitioner seeks regular bail in case FIR No.787/2020, under Sections 302/307/394/411/34 IPC, registered at PS Punjabi Bagh.
2. Learned counsel for the petitioner states that initially the FIR was registered under Sections 325/323/34 IPC, however, subsequently Sections 302/307/394/411/34 IPC were added.
3. Learned counsel for the petitioner states that the petitioner was arrested on 26th September, 2020 on the date of offence itself and since then he is in custody except on interim bail for a period of nearly two months from 14th September, 2021 to 26th November, 2021. The wife of the petitioner and other co-accused have been granted anticipatory bail, whereas two co-accused have not been arrested as yet and that since the trial is likely to take some time, the petitioner be released on bail.
4. The above noted FIR was registered on the statement of one Jagdish, who received injuries, who was first taken to Acharya Bhikshu Govt.
Signature Not Verified Digitally Signed By:JUSTICEBAIL APPLN. 3983/2021 Page 1 ofGUPTA MUKTA 3 Signing Date:18.01.2022 20:20:55 Hospital by the PCR van and later transferred to RML hospital. In a
statement, the injured stated that he was beaten by four persons, namely, Deva, Sonu, the present petitioner, Nikku and one unknown person, who was later identified as Kuldeep @ Monu and his wife was beaten by the wives of Sonu, Hemraj and Deva.
5. Initially the FIR was registered under Sections 325/323/34 IPC, however, after admission to RML hospital Jagdish died on 26 th September, 2020 itself when Section 302 IPC was added. The cause of death of Jagdish was opined to be "due to carnio cerebral damage on his complications consequent upon blunt force trauma to head which could be possible in the alleged circumstances."
6. Learned counsel for the petitioner states that the cause of death was 'cardiac arrest' which could be also due to the negligence for the reason the deceased reported to the surgical emergency later on. It may be noted that as per the death summary Jagdish had reported to the RML hospital at 6:45 a.m. on 26th September, 2020 pursuant to assault at 7:00 p.m. on 25 th September, 2020. As noted above, the PCR van first take him to the Acharya Bhikshu Govt. Hospital from where he was referred to the higher centre. At the RML hospital the deceased was put on IVF and injectable antibiotics and was advised ultrasound fast, chest x-ray, x-ray pelvis, bilateral hip joint, and NCCT head and neurosurgery opinion and the deceased was sent for all these tests, whereafter he reported to the surgical emergency at 3:00 p.m. However, at 7:30 p.m. the patient had multiple episodes of blackish vomiting and suffered a cardiac arrest at 7:45 p.m. The death summary also shows "NCCT head - medial wall of orbit fracture with orbital fat prolapsed".
7. As noted above, the deceased was under continuous treatment after he Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN. 3983/2021 Page 2 ofGUPTA MUKTA 3 Signing Date:18.01.2022 20:20:55 was taken by the PCR van first to the Acharya Bhikshu Govt. Hospital and thereafter to RML hospital.
8. The status report also indicates that the two of the co-accused, namely, Kuldeep @ Monu and Nikku are absconding and are yet to be arrested. Further, the deceased and the petitioner are the neighbours and the deceased had lodged FIR No.230/2015, under Sections 365/363 IPC against Devender Singh @ Deva and the present petitioner and FIR No.225/2015, under Section 379 IPC at Police Station Punjabi Bagh against Hemraj, brother of co-accused Devender @ Deva, which were already pending when the incident of assault took place on the deceased and his family.
9. Considering the nature of allegations in the statement of the deceased victim himself, this Court finds no ground to grant bail to the petitioner.
10. Petition is dismissed.
11. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
JANUARY 17, 2022 vk Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN. 3983/2021 Page 3 ofGUPTA MUKTA 3 Signing Date:18.01.2022 20:20:55