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IN THE HIGH COURT OF DELHI AT NEW DELHI
Talwant Singh, J.
Vinod Singh Chandel - Appellant
Versus
State Of NCT Of Delhi - Respondent
Bail Application No. 1112, 1126 of 2022
Decided On : 09-05-2022
Bail - Criminal Dispute - IPC 308/323/341/509/427/34 - The court granted bail to the accused based on lack of criminal history, simple nature of injuries, recovery of weapons, and recorded statements of witnesses. The accused were directed to be released on execution of personal bond with certain conditions.
Fact of the Case:
The accused filed for bail under Section 439 Cr.P.C. read with Section 482 Cr.P.C. in a case registered under IPC Sections 308/323/341/509/427/34. The accused were arrested following a complaint by the advocate complainant regarding a civil dispute and physical altercation. The bail applications were initially dismissed due to ongoing investigation and pending arrest of co-accused.
Finding of the Court:
The court found that the accused had no criminal background, the injuries sustained by the complainant were simple, and statements of witnesses had been recorded. The court also noted the recovery of weapons and directed the release of the accused on execution of personal bond with certain conditions.
Issues: The main issues were the nature of the injuries, ongoing investigation, and the potential influence of the accused on witnesses.
Ratio Decidendi: The court considered the lack of criminal history, nature of injuries, recovery of weapons, and recorded statements of witnesses as key factors in granting bail to the accused.
Final Decision: The court directed the release of the accused on execution of personal bond with conditions to prevent influence on witnesses and ensure cooperation with the investigation and court summons.
JUDGMENT
Talwant Singh, J. - These are the petitions under Section 439 Cr.P.C. read with Section 482 Cr.P.C. for grant of regular bail in case FIR No. 0201/2022 registered under Section 308/323/341/509/427/34 IPC at PS Inderpuri.
2. Both the accused were arrested on 30.03.2022. The FIR in this matter was registered on 20.03.2022 on a written complaint given by the complainant Shri Mukesh Chaudhary, advocate, dated 15.03.2022 regarding the incident which had taken place on the night of 14.03.2022. The present petitioners had moved bail applications before the learned aSJ at New Delhi Districts, Patiala House Court on 01.04.2022 and the same were dismissed on 02.04.2022.
3. Notice was issued on 08.04.2022.
4. Status report has been filed.
5. I have heard the arguments on behalf of the petitioners, State as well as on behalf of the complainant. The bail applications moved by the present petitioners before the learned aSJ were dismissed mainly on the ground that investigation was at initial stage on 02.04.2022 and co-accused persons were yet to be arrested, so no ground was made out for grant of bail to the applicants. The order dated 02.04.2022 is reproduced here under:
'2.04.2022
Bail application of applicants ashwini Sharma and Vinod Singh Chandel are taken together and disposed of vide common order.
Presence: Sh. S. K. Kain, Ld. addl. PP for the State.
Sh. Jagdeep Vats, Ld. Counsel for complainant
Sh. Prashant Kumar, Ld. Counsel for accused/applicant.
IO SI Jameel Khan in person along with case files.
arguments heard. It is argued by the Ld. Counsel for applicants that the applicants were arrested on 30.03.2022. They have been falsely implicated and have nothing to do with the offence. It is submitted that there is a civil dispute between the applicants and the complainant. It is submitted that the daughter of the complainant started creating trouble with the applicants and applicants never even consciously touched her. It is submitted that the CCTV footage would reveal that his complainant and his friend/family were the aggressor and they assaulted the applicants and injuries were suffered by the applicants. It is stated that the opinion on the MLCs of the applicants is awaited. Ld. Counsel for applicants has submitted that they deserve bail.
Ld. addl. PP for the State has submitted that the applicants along with other co-accused persons gave beating to the complainant. It is submitted that a civil case for unauthorized construction has been filed by the complainant against applicants and applicants are forcing and threatening the complainant for withdrawing the civil case. It is argued that eight co-accused persons are still absconding and yet to be arrested. It is further argued that the investigation is at the initial stage and bail application should be dismissed parietal. In statement u/s 164 Cr.P.C, of daughter of the complainant has also narrated the entire incident. Considering the nature of the offence, the fact that investigation is at initial sage and co-accused persons are yet to be arrested, no ground is made out to grant bail to the applicants.
accordingly, the bail application of applicant Vinod Singh Chandel and ashwini Sharma stands dismissed.
Copy of the order be given dasti to the Ld. Counsel for the applicants. Copy of the order be also sent to the concerned jail superintendent to be served upon both the applicants. Both the applications stand disposed of.'
6. Learned counsel for the petitioners submits that the accused are in continuous judicial custody since 30.03.2022. They have no criminal background. They are neighbours of the complainant and they are living in the same building in a different wing and the dispute was primarily regarding the parking space, which is clear from the FIR itself, as stated in the concluding paragraph. The last paragraph of the FIR is reproduced hereunder:
'Respected duty officer PS Inderpuri it is submitted that on 14.03.2022 DD No. 85a, 86a, 88a, 89a regarding quarrel to I aSI, I a
The main legal point established is that the decision to grant bail was influenced by the lack of criminal history, nature of injuries, recovery of weapons, and recorded statements of witnesses.
Personal liberty is a fundamental right, and bail serves to secure attendance at trial, not as a punitive measure.
Grant of Bail – Investigation completed – Conditions imposed.
Grant of Bail - Object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused ....
The main legal point established in the judgment is that bail is the rule and jail is the exception, and that personal liberty should be balanced with the need to secure the accused's attendance at t....
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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