Point of Law : The aspect of parity, role attached to accused, their position in relation to the incident and to victims is of utmost importance. High Court has proceeded on the basis of parity on a simplistic assessment as noted above, which again cannot pass muster under law.

ORDER :

1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 74/2020 under Sections 302/34/120B IPC registered at Police Station Ghazipur, Delhi.

2. The case of the prosecution is that on receipt of DD No. 98 dated 09.03.2020, during night emergency duty ASI Sher Singh along with Ct. Shobharam reached at LBS Hospital where they found admitted Raj Kumar and his MLC obtained, on which doctor has mentioned "A/H/O Assault as a result of injury U/O. patient unconscious. Unfit for statement." It is further alleged that one Deepak Kumar met ASI Sher Singh who told Raj Kumar was found lying in front of Ashirwad Appartment, outside H.No. A-73 in an unconscious state to whom he got admitted in LBS Hospital. ASI Sher Singh along with Ct. Shobha Ram and Deepak Kumar reached in front of H.No. 72, Gharoli Dairy where he found one pair of slipper and one Hero Honda Splendor Bike No. DL-6SAG 0895 in a locked condition regarding which Deepak Kumar disclosed the same belonging to Raj Kumar. It is further alleged that vide DD No.03A dated 10.03.2020 ASI Sher Singh received an information through Ct Rajesh that during treatment Raj Kumar has died in the hospital. Thereafter, ASI deputed Ct Rajesh to preserve the spot and he himself along with Ct Shobha Ram reached LBS Hospital where dead body of deceased Raj Kumar was got preserved in the mortuary of LBS Hospital. In the hospital, younger brother of Raj Kumar namely Sonu met ASI Sher Singh, whose statement was recorded by ASI Sher Singh, which is as follows:- "Statement of Sonu S/o late Dharampal Ro E-G3G, Gali No. 9, West Vinod Nagar, Delhi aged 30 years. I state that I am residing at the above mentioned address and is preparing for the Govt. Job. Raj Kumar was my elder brother and was providing home tuitions. About two years ago, my brother has taught one lady named Jyoti and since then they were knowing each other and my brother used to visit Jyoti's house off and on, Sometime ago, husband of Jyoti named Sachin had seen my brother Raj Kumar with Jyoti and thereafter, he picked up a quarrel with my brother Raj Kumar many times. My brother usually used to receive phone calls from Jyoti and on 09 03.2020 in the afternoon, when my brother was ready to go out of the house, I asked him where he was going and he told that Jyoti has called him and he is going to meet her. Late night, I received an information that brother Raj Kumar has been admitted in an injured condition in Lal Bahadur going on, but he was not in a position to talk anything was in an unconscious state and expired during treatment. I am fully sure that Jyoti and her husband Sachin have caused death of my brother by causing beatings to him as a result of which he sustained injuries on his person and died Legal action be taken against Jyoti and her husband Sachin You have recorded my statement, which I have read and found to be correct." ASI Sher Singh again reached at the spot along with Ct. Shobha Ram, where spot inspection was got conducted by Crime Team and one pair of slipper and one parked Hero Honda Splendor Bike No. DL 6SAG 0895 were taken into police possession through seizure memo. From the statement, circumstances and DD entries of MLC, an offence u/s 302/34 of IPC was found to have been committed. Therefore, a case vide FIR No. 74/2020 dated: 10.03.2020 u/s 302/34 IPC registered at PS-Gazipur, Delhi and investigation was taken up by Insp. Rajeev Kumar Vats.

3. I have heard the learned counsel for the petitioner, learned APP for the State and perused the record.

4. It is submitted by the counsel for the petitioner that petitioner has been falsely implicated in this case solely on the basis of the disclosure of the accused persons and the CDRs of petitioner’s mobile which are in contradiction with each other. It is further submitted by the counsel for the petitioner that analysis of the CDRs of all the accused persons would show that conspiracy theory put forward by the pros