Delhi High Court - Orders
Vinod @ Bada vs The State Nct Of Delhi on 12 July, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1034/2022
VINOD @ BADA ..... Petitioner
Through: Mr.Ashok Kumar with Ms. Sangita
Chauhan, Advocates
versus
THE STATE NCT OF DELHI ..... Respondent
Through: Ms.Rajni Gupta, APP for State with
SI Gaurav, PS Prasad Nagar.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 12.07.2022
1. This is an application preferred on behalf of the petitioner under Section 439 read with Section 482 Cr.P.C. for grant of regular bail in FIR No.0293 of 2020 under Sections 307/452/34 IPC registered at PS: Prasad Nagar, New Delhi.
2. In brief, as per the case of prosecution, on 15.11.2020 at around 8.30PM, Love Deepak/injured along with his friend Hemant was sitting near Ganesh Gali, Padam Singh Road, Karol Bagh, New Delhi. At aforesaid time, petitioner/applicant Vinod @ Bade was also present with one of his friends and they were making noise in the street. Love Deepak prohibited them from making noise but Vinod @ Bade started abusing him, upon which, injured slapped him. Thereafter, Vinod @ Bade left the place after threatening the injured.
It is further the case of the prosecution that at about 12:00 AM on 16.11.2020, someone knocked at the door of the house of the injured and on opening the door, he saw Vinod @ Bade with his three friends Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:13.07.2022 16:54:53 (Devshree@Chotte, Prateek Kataria@Parul and Bhumik, S/o Guru Prasad) standing at the gate. Prateek Kataria had a knife in his hand. Thereafter, Vinod @ Bade with his friends tried to overpower the complainant and started beating him. During the scuffle, Bhumik slipped from the stairs of the first floor and Vinod @ Bade with his other two associates (Devshree @ Chotte and Prateek Kataria @ Parul) entered into the room. Further, Vinod @ Bade along with his associates Devshree @ Chotte held the complainant and Prateek Kataria @ Parul attacked him with a knife. Upon raising noise by the complainant, his uncle, namely, Chetan came to his rescue and applicant along with his associates fled from the spot.
3. During the course of investigation, all the accused were arrested and weapon of offence i.e. blood stained knife was recovered at the instance of Prateek Kataria. All the accused refused TIP proceedings.
4. Learned counsel for the petitioner submits that the petitioner is in custody since November, 2020 and the charge is yet to be framed.
5. Learned APP for State vehemently opposes the application. It is pointed out that an attack had been made in pre-mediated manner at the house of the injured/Love Deepak, whereupon three stab injuries were inflicted near the chest region. It is further pointed out that accused had three previous involvements in FIR No.326/2017 under Section 324 IPC; 37/2018 under Section 307/34 IPC and 293/2020 under Section 452/307/34 IPC, all registered at PS: Prasad Nagar.
6. At this stage, learned counsel for the petitioner submits that FIR No. 326/2019 has been quashed by the Hon'ble High Court.
7. I have given considered thought to the rival contentions raised.
At the outset, it may be observed that it was pre-mediated attack made Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:13.07.2022 16:54:53 at the behest of the petitioner at the house of the injured and three stab injuries were inflicted around the chest region. The complainant/injured is yet to be examined and the possibility of influencing of witnesses cannot be ruled out, at this stage, considering the fact that petitioner is a habitual offender.
Considering the grave nature of the allegations and previous involvements of the petitioner, I am not inclined to release the petitioner on bail, at this stage.
The application is accordingly dismissed.
ANOOP KUMAR MENDIRATTA, J.
JULY 12, 2022/neelam Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:13.07.2022 16:54:53