Point of Law: Criminal Law - Bail Application - Provision for an accused to be released on bail touches upon the liberty of an individual. It is for this reason that this Court does not ordinarily interfere with an order of High Court granting bail. However, where discretion of High Court to grant bail has been exercised without the due application of mind or in contravention of the directions of this Court, such an order granting bail is liable to be set aside.

JUDGMENT :

1. Petitioner is in judicial custody since his arrest on 27.02.2018. He has been charged for the offences under Sections 307/328/364/379 IPC by the learned trial court in FIR No. 89/2018, registered at police station Vikas Puri, New Delhi and is facing trial for the same.

2. Petitioner has approached this Court seeking bail while claiming that he has been falsely implicated and no offence as alleged, is made out against him. Further ground taken is that main charge sheet as well as supplementary charge sheet in this case have been filed, which casts a doubt on the involvement of petitioner in the instant case.

3. The present case has been registered on the statement of injured/complainant -Rahul Malik. In his complaint, he has stated that he is working as Property Dealer and he knew petitioner/accused since his school days, who was working as Agent for purchase and sale of second hand cars. Transaction of money between the two was common and as such, he had lent Rs.7.00 Lacs to the petitioner. Further stated in the complaint that on 25.02. 2018 he received two three calls from the petitioner saying that petitioner had received amount of Rs.2.5 Lacs in his account and wanted to return to him. Since complainant /injured had to go to Green Park to collect his payment from one Panna Lal, he asked petitioner to accompany him. They both went together and on the way, petitioner offered him maaza drink, which he had bought from a pan shop and after some time, injured/complainant’s head started spinning badly and he got into semiconscious stage. Petitioner offered to drive home and asked injured/complainant to sit on conductor seat. After some time, when injured/complainant gained consciousness, he found himself in a deserted place and realized that petitioner was attacking him with a paper cutter kind knife on his neck. According to injured/complainant, he tried to handle himself but petitioner made a second attempt to strike cutter on his neck and while he tried to defend himself by putting his left hand forward, petitioner hit the cutter in his hand. Thereafter, petitioner tried to hit him on his head with a stick kept in the car but injured/complainant opened the door of the car and started running on the road. Petitioner again attempted to hit injured/complainant with a stone but he escaped and ran towards the road and asked the men standing on the road to call the police and ambulance.

4. As per the prosecution, Constable Sandeep took the injured/complainant to U.K. Nursing Home and public standing on the spot informed that the vehicle of the injured was parked at Chanson Motors near Keshopur Industrial Area and the injured himself had come running. HC and SI reached there and found one Maruti Swift White Colour car bearing No. DL 2C AS 9332. There were blood stains on the top of the vehicle and the conductor seat was in rest position. A paper cutter with blood stains was found lying on the rear seat. Upon further inspection of car, neither amount nor any bag of papers nor mobile of injured could be found. Two bottles of petrol were found lying inside the car. A sample was also drawn from the blood-stained seat of the car as also from the gear of the car.

5. Other team members of the police team, shifted the injured/complainant from U.K.Nursing Home to Mata Chanan Devi Hospital and further to Venketeshwar Hospital, Dwarka, where his MLC was prepared. Thereafter, statement of injured was recorded and the FIR in question was registered. The blood-stained clothes of the injured and the samples drawn were sent to Forensic Science Laboratory (FSL).

6. Petitioner/accused was arrested on 27.02.2018 and his disclosure statement was recorded on 27.02.2018, wherein he stated that he had borrowed Rs.7.00 Lacs from complainant/injured-Rahul Malik and since he used to embarrass him time and again, he planned to eliminate him and that is why the incident had happened. As per prosecution case, petitioner/accused had also disclosed that aft