Point of law: Anticipatory bail – Rejection of - Petitioner is a Bad Character of the area having a number of cases registered.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This petition under Section 438 Cr.P.C is for grant of bail to the petitioner in the event of arrest in FIR No.541/2020 dated 09.09.2020, registered at Police Station Paschim Vihar East for offences under Sections 308/324/392/506 IPC.

2. Facts, in brief, leading to the present petition are as under:

a) An information was received on 08.09.2020 that “D-9 Peeragarhi Apsra Banquet Hall, Caller ke pati ko Mamu Naam Ke Badmash Ne Chaku Mar Diya”. The said information was entered vide DD No.05-A. The police reached the spot and found that the injured has been shifted to Sanjay Gandhi Memorial Hospital, Mangolpuri. Police reached the Hospital and collected the MLC of the injured, being MLC No.10893/2020. The MLC records the following injuries:

i. Abrasion on left parietal region,

ii. Swelling on B/L cheek,

iii. Clear incised wound on Left thigh 2cm x 0.5cm x 0.2cm,

iv. Clear incised wound on right thigh 1cm x 0.2cm x 0.2cm.

b) The MLC also records that the injured was not able to speak due to pain and swelling in his jaws. It is stated that on the next day i.e. 09.09.2020, the Police reached the house of the injured and recorded his statement.

c) It was stated by the complainant that on 07.09.2020, at about 11:30 PM, when he was going to Kapoor Dhaba to take food, when he reached near Hanuman Temple, the petitioner herein, who is a Bad Character of the area and against whom a number of cases are registered, confronted the complainant and threatened him by saying that the complainant’s brother, Dheeraj, is behaving like a strongman of the area and today the petitioner will teach him a lesson. It is stated that the petitioner took out a knife and inflicted injuries on the legs of the complainant due to which he fell down. It is stated that the petitioner then sat over the complainant and hit him on his face a number of times with the butt of knife. It is stated that the petitioner then took away the complainant’s mobile phone. It is stated that the petitioner had abused the complainant’s brother some days back but since the petitioner is a Bad Characer of the area, the complainant’s brother was hesitant to file any complaint. It is stated that on receiving the information about the incident the complainant’s brother and his wife reached the spot and his wife called the police. It is stated that the brother of the complainant took him to the Sanjay Gandhi Memorial Hospital. It is stated the complainant was released from the Hospital but since there was intense pain in his jaws and he was not able to speak and he did not gave any statement to the Police on that day. It is stated that since the Police had come to the house of the petitioner, he is giving the present statement. On the statement of the injured/complainant, FIR No.541/2020 dated 09.09.2020, was registered at Police Station Paschim Vihar East for offences under Sections 308/324/392/506 IPC.

d) The petitioner filed an application under Section 438 Cr.P.C seeking anticipatory bail. The learned Additional Session Judge – 03, Tis Hazari Courts, vide order dated 28.09.2020, dismissed the said application.

e) The petitioner filed another application under Section 438 Cr.P.C seeking anticipatory bail. The learned Additional Session Judge – 01, Tis Hazari Courts, vide order dated 29.06.2021, dismissed the said application.

f) The petitioner has thereafter approached this Court by filing the instant bail application.

3. Notice was issued on 27.08.2021. Status Report has been handed over in the Court on 08.09.2021, by the learned APP for the State. A copy of the Status Report has already been supplied to the learned counsel for the petitioner.

4. Mr. Mukesh Kalia, learned counsel for the petitioner, states that the incident occurred on 07.09.2020, the injured was taken to the Sanjay Gandhi Memorial Hospital and he was discharged on the very same day but the instant FIR was registered only on 09.09.2021 at 3:20 PM. He states that there is an inordinate delay in fi