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RAJNISH BHATNAGAR, J.

1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No. 188/2019 under Sections 302/34 IPC registered at Police Station Vivek Vihar, Delhi.

2. In brief the facts of the case are that a PCR call vide DD No. 48A was received on 19.05.2019 at 11.20 PM at P.S. Vivek Vihar from Max Hospital, Parparganj regarding death of Sh. Rajkumar S/o Sh. Laxman Dass R/o 28/88 Kasturba Nagar, Delhi. The I.O, ASI Devidarshan reached the hospital and collected the MLC No. 9115/2019, time 10.10 PM with alleged history of "Pt. was brought dead to ER, alleged history of assault near Jhilmil area. Pt. was hit by someone as per history given by attendant then patient came back home and then took scooty and went out and then fell down from scooty. He suddenly collapsed and was unresponsive since then." Three injury marks were present on deceased's chin, left cheek and chest. The daughter of deceased Ms. Rajni Bal met the I.O in hospital and she alleged that his father had gone for evening walk after having dinner but he returned and told her that he was standing outside Dr. Verma's clinic in Kasturba Nagar where accused Vijay @ Bhuri (petitioner herein) and his associates gave beatings to him with fists and blows and also, hit him with scissors. It is alleged that Vijay @ bhuri stated that this policeman complaints against him so he would kill him. Thereafter, when Rajkumar and Rajni were going to hospital on scooty, Rajkumar fell down, so Rajni took him to Max Hospital, where he expired before the treatment. Later on, the instant case was registered vide FIR No. 188/19 dated 20.05.2019, under Sections 302/34 IPC at P.S Vivek Vihar. The statement under Section 161 Cr.P.C of Rajni Bala was recorded on 20.05.2019, wherein she stated that when her father returned home after the incident, he told her that the accused persons Vijay @ Bhuri and Vinod @ Pahari had beaten him with fist-blows and accused Vijay @ Bhuri also attacked him with scissors.

10. In the instant case, the allegations are grave and serious in nature and the petitioner herein is the BC of P.S. Vivek Vihar and has been previously involved in seventeen cases. The statement under Section 161 Cr.P.C of Rajni Bala, daughter of deceased was recorded on 20.05.2019 and perusal of her statement shows that there are specific allegations against petitioner of beating deceased with fist-blows and also, attacking him with scissors.

11. Keeping in view the fact that the testimonies of the material witnesses who are the daughters of the deceased are yet to be recorded and considering that the petitioner is the BC of the area and has prolonged history of previous involvements in seventeen heinous crimes, the possibility of petitioner threatening the material witnesses cannot be ruled out at this stage. Also, taking into account the subsequent opinion obtained from the autopsy surgeon dated 22.07.2019, wherein, it was opined that the possibility of accused persons playing a direct role in triggering/aggravating myocardial infraction and immediate death of the deceased, whose heart was already compromised due to intentional physical trauma caused to the deceased by accused persons, cannot be eliminated, coupled with specific allegations against the petitioner of beating deceased with fist-blows and also, attacking him with scissors, no benefit can be given to him at this stage and the bail application is, therefore, dismissed and CRL.M.A. 11134/2020 is also disposed of accordingly.