Point of Law: Rejection of bail – Intention to kill - Petitioner had fired a pistol shot on him with an intention to kill him and in this background, petitioner cannot claim parity with other accused for bail.

JUDGMENT :

1. Petitioner in this petition, along with three other persons, namely, Rahul @ Jat, Dharmender Dubey and Aatur Tyagi is accused in FIR No. 448/2020 under Section 307/34 of Indian Penal Code, 1860 (IPC) and Sections 27/54/59 of Arms Act, 1959, registered at police station Moti Nagar, Delhi. He was taken into custody on 23.06.2020 and since then he is behind the bars. By the present petition, he is seeking his release on bail.

2. Charge sheet and supplementary charge sheet in this case have already been filed against the petitioner and other accused persons.

3. As per the charge sheet, case of the prosecution is that on 13.06.2020 on receipt of DD No.4A, Investigating Officer reached ABG Hospital and collected MLC No. 3289/2020 of injured-Dhurender Singh and came to know about referral of injured to the RML Hospital. On the MLC, doctor had opined “A/H/O assault followed by gunshot injury at Basai Darapur. Entry wound approx. 1.5-2 cm present over (R) Gluteal region (approx. 4-5 cm Deep) and patient was conscious and oriented”. Nature of injury on the MLC has been mentioned as “OR”. Thereafter, Investigating Officer recorded statement of the injured.

4. In his statement, the injured/complainant stated that on 13.06.2020 at about 11.45 P.M. when he was going from Basai Darapur to his house at Ramgarh Colony and reached in front of Super Medicos near Union Bank, Ramgarh Colony near channel, Joginder, Rahul @ Jat, who lives in Basai Darapur and Aatur Tyagi, who lives in Ramgarh Colony, met him there. These three persons were known to him and a few days ago, a quarrel had taken place between them. Further stated that these persons started beating him and then Dharmender, real brother of Joginder also came there and started beating him. Thereafter, Dharmender, Rahul @ Jat and Aatur Tyagi caught hold of him and said “Joginder, he will not mend his ways in this manner, let’ s eliminate his life today.” On hearing this, Joginder took out a pistol and fired a shot upon him and when he tried to escape, the shot hit his right hip portion. All the afore-noted four persons fled from the spot leaving behind him in a pool of blood. Someone informed his brother Deepak, who picked him in unconscious state and took to the Acharya Bhikshu Hospital, Moti Nagar, New Delhi, where the Doctor referred him to another hospital and so, he was brought to the RML hospital for treatment.

5. Thereafter, crime team inspected the place of incident, picked up the blood on gauge with the help of one white strip, kept in a white colour transparent box and numbered it. Blood stains and earth control were also picked up with the help of chisel and hammer and kept in sealed cover.

6. On the basis of secret information, the investigating team apprehended Aatur Tyagi, who during interrogation revealed that he along with his friends Joginder, Rahul and Dharmender had committed the crime in question. During further investigation, petitioner -Joginder was also apprehended, who during interrogation revealed that he often had a quarrel with injured-Durender @ Bali on money matters. He disclosed that on the day of incident, he along with his friends Aatur Tyagi, Rahul @ Jat and his brother Dharmender went in front of Super Medicos, near nala Basai, Darapur at around 11:30-45 P.M., Aatur Tyagi hold Dhurender’s left arm, Rahul @ Jat hold his right arm by twisting it, Dharmender hold behind both his arms and he (petitioner) had shot pistol fire on him with an intention to kill him. Further disclosed that Dhurender tried to free himself from manual binding and it is then the pistol shot hit his hips, thereafter they ran away from the spot, leaving injured behind.

7. Petitioner-Joginder further disclosed that while escaping he had hidden the arm in the bushes near ESI hospital quarters, which was given to him by his brother Dharmender. During investigation accused Rahul @ Jat also disclosed that he had picked up the empty shell after the incident and hidden near vacant quarte