Delhi High Court - Orders
Shiv Charan Chauhan vs State Of Nct Of Delhi on 10 January, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~54
* 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: Ms. Asha Tiwari, APP with, SI
Prakash Kashyap, PS Rajouri Garden.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 10.01.2022 The applicant vide the present application seeks the grant of bail in relation to FIR bearing No. 511/19, police station Rajouri Garden under Section 302/323/34 IPC submitting to the effect that he has been falsely implicated in the instant case.
Notice of the application has been issued to the State. The Status Report dated 19.11.2021 has been submitted by the State, as per which the paragraph -2 reads 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 Raghubir 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 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:13.01.2022 14:50 his son namely suraj and family members of Shiv Charan Chauhan namely Sushil @ kallu, Sunil, Anil and his brother in law Anit @ 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."
Vide order dated 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. P.C. 1973 of the child Sagar. It is informed by the Investigating Officer that the injury sustained by Dhruv Chand was simple in nature. As per the Post-Mortem report of Prashant Pathak @ Suraj, aged about 21 years the external examination revealed injuries to the effect:
"EXTERNAL.EXAMINATION;
1. Contusion, reddish in colour of size 3cm x 1cm present 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 1.5cm 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".
and that the opinion given in the instant case by the Specialist of the Department of Forensic Medicine, DDU Hospital vide the Post Mortem Report dated 6.10.2019 had opined the cause of the death qua Suraj, Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:13.01.2022 14:50 deceased son of the complainant could 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.
As per 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 reply to a specific Court query, the Investigating Officer submits that he is suffering from Covid-19 and is isolated at home.
In view of the submissions that have been made by the APP for the State that as per the Status Report that the deceased had been assaulted on his chest through the cylinder by the applicant, it is essential to peruse that statement. The State shall submit that statement recorded during the course of investigation, qua the specific allegation wherein it is averred to the effect alleging that the applicant assaulted Suraj with the cylinder on his chest.
The matter is renotifed for 31.01.2022.
ANU MALHOTRA, J JANUARY 10, 2022 Pallavi Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:13.01.2022 14:50