Point of Law: a man is innocent until he is found guilty and bail is rule while jail is an exception.

JUDGMENT :

Subramonium Prasad, J.

1. This petition under Section 439 Cr.P.C. is for grant of bail to the petitioner in FIR No.325/2021 dated 22.06.2021, registered at Police Station Hari Nagar for offences under Sections 186/353/307 IPC.

2. The instant FIR was registered on the statement of Head Constable Vinod, No.3443/T, who stated that on 22.06.2021, he along with ASI Vishram Singh and Constable Anup were on routine checking at RGC-10 traffic circle, Harinagar Ghanta Ghar, Junk Market, on the road from Mayapuri to Harinagar Ghanta Ghar. It is stated that ASI Vishram Singh and Constable Anup were stopping the vehicles and the complainant, who was standing about 10-15 yards away from them, was giving signal to the suspected vehicles to stop. It is stated that at around 4:30 PM, one white colored car, having tinted glasses, driven by the petitioner herein, came towards them from red light of Junk Market, Mayapuri. It is stated that ASI Vishram & Constable Anup signalled the driver to stop the vehicle. It is stated that the driver initially slowed down the car but suddenly sped away, as a result, the car hit ASI Vishram and he fell on the side of the road. It is stated that Constable Anup somehow saved himself by moving on to the side. It is stated that the complainant tried to stop the car from front and he jumped on the bonnet of the car but the petitioner did not stop the car. It is stated that the complainant got hold of the wipers of the car and kept on trying to stop the vehicle but petitioner did not stop the car. It is stated that at jail road, outside DTC Bus Depot, the petitioner applied brakes as another car was coming from the opposite side and the complainant fell from the car. It is stated that the complainant hit his elbow on the windshield of the car and the windshield cracked. It is stated that the petitioner sped away towards Lajwanti Flyover and fled. The car was identified as a Volkswagen Polo bearing No. DL 14 CF 8787. The injured and the complainant were taken to DDU hospital for treatment and the instant FIR was registered.

3. The petitioner filed an application under Section 438 Cr.P.C. before the Sessions Court seeking anticipatory bail and the same was dismissed by the learned Additional Session Judge, Tis Hazari Courts vide order dated 29.06.2021.

4. Thereafter the petitioner approached this Court by filing an application under Section 438 Cr.P.C. On 06.07.2021, during hearing, the learned counsel for the petitioner, on instructions, stated that the petitioner will surrender on 13.07.2021 and the application was dismissed as withdrawn with liberty to the petitioner to file an application for regular bail before the appropriate Court.

5. The petitioner surrendered on 12.07.2021.

6. The petitioner filed an application under Section 439 Cr.P.C. for grant of regular bail before the learned Additional Session Judge. The learned Additional Session Judge, Tis Hazari Courts, dismissed the said application vide order dated 14.07.2021.

7. The petitioner refused to participate in the TIP proceedings. On 23.07.2021, police custody of the petitioner was sought and one day police custody of the petitioner was granted. The offending car has been recovered.

8. The petitioner thereafter approached this Court by filing the instant application.

9. Notice was issued on 05.08.2021. Status Report has been filed.

10. Mr. N. Hariharan, learned Senior Counsel appearing for the petitioner, submits that the petitioner surrendered on 12.07.2021. He states that the investigation is more or less over. He further states that the charge-sheet will be filed on or before 10.10.2021. He states that the statements of most of the witnesses have already been recorded. He further states that the injured is a Police Constable and other eye-witnesses are also police men. He, therefore, contends that there is no possibility of the petitioner influencing the witnesses or tampering with the evidence. He therefore states that no useful purpose would be ser