BAIL APPLN./1219/2020 of VINOD CHOUHAN Vs THE STATE

IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 1219/2020 & CRL.M.A. 7536/2020VINOD CHOUHAN..... PetitionerVINOD CHOUHAN..... Petitioner

..... Petitioner

Through:Mr. Charan Singh, Adv.

versus

THE STATE..... RespondentThrough:Mr. Mukesh Kumar, APP for Statewith SI Jitender Joshi, P.S. SubziMandiThrough:Mr. Mukesh Kumar, APP for Statewith SI Jitender Joshi, P.S. SubziMandi

CORAM:HON'BLE MR. JUSTICE A.K. CHAWLAO R R%31.07.2020(Video Conference Hearing)

As per the status report, the FIR came to be registered on thestatement of the son of the deceased. The allegations attributable for therole of the accused persons as stated in the status report are as under:

“The statement of complainant/eye witness Nitin Vinaywas recorded, wherein he alleged that they have disputeregarding extension of balcony with Vinod Chauhan and aCivil Case is also pending in the Court between them. On01.05.20 at about 08.30 AM, Rahul S/o Jai Prakash R/o H.No. 21G, DDA Flats, Sari Phoos, Tis Hazari, Delhi startedquarrel on the issue of the garbage in front of his one room atGround floor. His father and mother intervened the mattermeanwhile Vinod Chauhan present there started abusing hisfather and caught the “Gireban” of his father. He tried tointervene on which Naresh Chauhan (brother of VinodChauhan) and Shivam (son of Vinod Chauhan) caught him

and beaten him. Meanwhile the blood pressure of his fatherwas increased and he started feeling discomfort in breathing.He took his father to hospital in the van of Gurdaya (hisneighbour) to Hindu Rao Hospital, where his father was toldto be dead but he further took his father to St. StephensHospital,wheredoctordeclaredhimbroughtdead.Complainant alleged that the death of his father was causeddue to the quarrel of Vinod Chauhan.On finding thecommission of offence U/s 323/304/34 IPC present case wasregistered and investigation was taken up.”

Charge-sheet is stated to have been filed.During the course ofhearing, Mr. Kumar, ld. APP on instructions from the IO – SI Jitender Joshiwho has joined the hearing, concedes that the other co-accused werereleased on bail by the police itself. As for the applicant, he was arrested onthe same day i.e. 01.05.2020 and continues to remain in custody since then.

Taking into account the totality of facts and circumstances of the case,the applicant is admitted to bail on his executing personal bond in the sumof Rs.10,000/- to the satisfaction of the concerned Jail Superintendent andafter his release from jail, surety bond of the same amount to thesatisfaction of the concerned Magistrate/Trial Court shall also be executedwithin seven days of the resumption of regular functioning of the court. Theinstant bail application stands disposed of accordingly, along with thepending application.

JULY 31, 2020acm

A. K. CHAWLA, J