BAIL APPLN./214/2024 of DEV SHARMA Vs THE STATE (GOVT. OF NCT OF DELHI)

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 16.05.2024Pronounced on: 28.05.2024

+BAIL APPLN. 214/2024 & CRL.M.A. 1647/2024DEV SHARMA

..... PetitionerThrough:Mr. K.K. Manan, Sr. Adv. with Mr.KarmanyaSinghChoudhary,Ms.Snehashish Pyne, Mr. Lavish and Mr.Anmol Saluja, Advs.

Versus

THE STATE (GOVT. OF NCT OF DELHI)..... RespondentThrough:Mr. Raghuinder Verma, APP forState.Mr. Pradeep Teotia and Mr. AjeetChaprana, Advs. for complainant

CORAM:HON'BLE MR. JUSTICE VIKAS MAHAJAN

JUDGMENT

VIKAS MAHAJAN, J.

1.The present petition has been filed by the petitioner under section 438read with section 482 CrPC seeking anticipatory bail in connection with FIRNo. 602/2023 under sections 307/323/341/506/34 IPC and section 27 ofArms Act, registered at P.S. Anand Vihar.

2.The case of the prosecution is that the present FIR was registered onthe statement of the complainant-Gaurav s/o Bane Singh wherein he alleged

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that he used to park his tractor near the house of one Vishnu Pandit due towhich the family members of Vishnu Pandit used to quarrel with him.About 08-10 days prior to the incident, Gaurav parked his tractor near thepark, in front of the house of Vishnu Pandit because of which Love andShiva Pandit – both grandsons of Vishnu Pandit, quarrelled and manhandledhim, thereby threatening him of dire consequences.

3.He further stated that on the intervening night of 11/12.12.2023 atabout 11:50 PM, the complainant and his brother Prem Singh @ Chiragwere going towards Shanti Mukund Hospital to pick up their car and whenthey reached near Taj Sweets from Karkardooma village on the main road,the accused persons namely Love, Shiva, Dev and Keshav were alreadystanding there and obstructed the way of the complainant, which led to aquarrel between them whereby Love Pandit hit the complainant with awooden danda on his head and when the brother of the complainant namely,Prem Singh Rathore tried to intervene, Shiva took out pistol and pointedthe same at Prem’s temple with an intention to kill him and gave strongblows with the butt of the pistol which led to bleeding from the nose ofPrem. Thereafter Dev Sharma hit him on the head and when they tried toescape, Keshav caught hold of the brother of the complainant andstrangulated him.

4.The complainant also tried to save his brother but Keshav startedkicking him, Dev and Love kept on beating him with sticks and Shiva kepton threatening them with pistol in his hand. On hearing their noise, oneneighbour Amit got them released and the PCR call was made.

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5.Mr. K.K. Manan, learned Senior Counsel for the petitioners, at theoutset submits that the petitioner has been falsely implicated in the presentFIR. The name of the petitioner is mentioned in the FIR just because there isprevious enmity between the families of the complainant and the petitionerand other co-accused persons. To buttress his contention, Mr. Manan hasplaced reliance on the anticipatory bail order of the co-accused KeshavPradhan, passed by the learned ASJ, wherein it is mentioned that “there wasno head injury in the CT Scan of the head and therefore, the allegations inthe complaint/FIR that injured Prem Singh Rathore was mercilessly beatenwith dandas and iron rods is not corroborated with the medicaldocuments”.

6.Learned Senior counsel for the petitioner contends that CCTVcamera was also installed outside the house of the applicant which showsthat the applicant had not come out from his house at the time of theincident. The said DVR containing CCTV footage was also provided to theIO but the IO has not produced the said CCTV footage. He further submitsthat CCTV camera was also installed at the Taj Sweets i.e., near the placeof incident but the IO has deliberately not placed the same on record inorder to shield the real culprits.

7.Per contra, the grant of anticipatory bail is opposed by the learnedAPP for the State, as well as, by the learned Counsel for the complainant,who have argued on the lines of the status report.

8.While issuing notice vide order dated 19.01.2024, this Court haddirected that no coercive action be taken against the present petitioner,

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subject to his joining investigation as and when directed by the IOconcerned.

9.After the arguments were heard and judgment was reserved, on oralmentioning of the learned counsel for the petitioner, the matter was listed on16.05.2024.On the said date, the learned counsel for the petitionersubmitted that during the pendency of the proceedings the petitioner hasalready joined investigation, which fact was not disputed by the learnedAPP for the State, on instructions from the IO, who was present in theCourt.It is matter of record that co-accused Love Pandit against whomsimilar allegations of using danda in the fight are levelled, has been grantedregular bail whereas co-accused Keshav Pradhan against whom theallegation is that he tried to strangulate the complainant has been grantedanticipatory bail.

10.It is also not in dispute that the petitioner does not have criminalrecord.

11.On query posed by the Court, the learned APP fairly stated that inthe MLC of Dr. Hedgewar Hospital Delhi pertaining to the complainantshows that the Doctor had opined the nature of injury suffered by thecomplainant is simple though the result of the MLC of the brother of thecomplainant Prem Singh is still awaited.

12.Considering the aforesaid circumstances and the nature of allegations,it is directed that in the event of his arrest, the petitioner may be released onbail, subject to his furnishing bail bond in the sum of Rs 25,000/- to thesatisfaction of Arresting Officer/IO and further subject to the condition thatthey will join the investigation as and when directed by the IO concerned.

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13.It is made clear that the observations made herein are only for thepurpose of considering the bail application and the same shall not bedeemed to be an expression of opinion on the merits of the case.

14.The petition along with pending applications, if any, stands disposed

15.Order be uploaded on the website of this Court.

16.Order dasti under the signatures of the Court Master.

VIKAS MAHAJAN, J.

MAY 28, 2024N.S.ASWAL/AK