Delhi High Court - Orders
Anit @ Guddu vs The State Nct Of Delhi on 10 January, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4390/2021, CRL.M.(BAIL) 1549/2021, CRL.M.A.
20113/2021
ANIT @ GUDDU ..... Petitioner
Through: Mr. Utkarsh Singh, Advocate.
versus
THE STATE 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 regular bail in relation to FIR bearing No. 511/2019 registered under Sections 302/323/34 IPC, at Police Station Rajouri Garden.
Notice of the application is issued to the State. At the outset, in as much as the cause list indicates and it is also submitted on behalf of the petitioner that the Bail Application bearing No. 4390/21 and Bail Application bearing No. 4004/2021 listed at serial no. 53 and 54 for the day arise out of the same FIR i.e. FIR bearing No. 511/2019 under Sections 302/323/34 IPC, at Police Station Rajouri Garden, in reply to a specific Court query, the learned APP for the State submits that the Status Report that has been submitted in Bail Application no. 4004/2021 is adopted in these proceedings as well.
The Status Report of the State dated 19.11.2021 as well as the Status Report dated 8.12.2021 submitted by the State along with the copy of MLC Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:12.01.2022 17:48 and Post Mortem Report in relation to the FIR No. 511/19, PS Rajouri Garden has been placed on the records of the Bail Application no.4004/2021.
On behalf of the applicant, it has been submitted that his name is not in the FIR, lodged on the complaint of the father of the deceased, i.e .the statement of the complainant Dhruvchand Pathak and that in the statement U/s 164 of the Cr.PC of the witness named Sagar, there is no allegation against the applicant.
As per the Status Report that has been submitted by the State, it has been inter alia been submitted by Status Report dated 19.11.2021 to the effect that;
"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 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 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:12.01.2022 17:48 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.
In reply to a specific Court query, the Investigating Officer of the case has submitted that the investigation was conducted by the previous Investigating Officer and the aspect of the applicant having caught hold of Suraj may be brought out through the charge sheet that has been filed.
There are no previous antecedents against the petitioner as informed by the Investigating Officer in the instant case. Without any observations on the merits or demerits of the trial that would take place in the instant case, in the absence of any previous antecedents against the petitioner in the instant case and the factum that even his name is not there in the FIR, even by the father of the deceased, the statement of the Complainant Dhruvchand Pathak nor does the statement under Section164 of Cr.PC of the witness named Sagar specifically incriminate the applicant in the instant case, he is allowed to be released on bail on filing a bail bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Trial Court subject to the conditions that the applicant:
● shall under no circumstances leave the country; ● shall join the investigation of the case as and when required by the Investigating Agency;
● shall keep his mobile phone on at all times and drop a pin on the Google map to ensure that his location is available to the Investigating Officer;
● shall commit no offence whatsoever during the period that he is on bail.Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:12.01.2022 17:48
● he shall appear before the Investigating Officer of the case as and when required;
The application is disposed of accordingly.
ANU MALHOTRA, J JANUARY 10, 2022 Pallavi Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:12.01.2022 17:48