Praveen Gusain@tinku@mota vs State - 2023 Supreme(Del) 2207

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2023 Supreme(Del) 2207

ANISH DAYAL
Praveen Gusain@tinku@mota – Appellant
Versus
State – Respondent

Advocates appeared:
Mr. Nikhil Arora and Mr. Anshu Malhotra, Advocates , for the Petitioner in BAIL APPLN. 278/2023.
Mr. Kanhaiya Singhal, Mr. Prasanna and Mr. Ujwal Ghai, Advocates, for the Petitioner in BAIL APPLN. 412/2023.
Mr. Vishal Tiwari, Mr. Shailendra Mani Tripathi and Mr. Deepak Kumar, Advocates for Complainant.
Ms. Richa Dhawan, APP for the State in BAIL APPLN. 278/2023.
Mr. Ritesh Kumar Bahri, APP for the State in BAIL APPLN. 412/2023.

JUDGMENT

Anish Dayal, J.

1. By these petitions the petitioners, who are co-accused, seek regular bail in FIR No.665/2020 under sections 302/323/34 IPC registered at P.S. Ranhola. The petitioner was arrested on 30th June, 2020 and has been in custody since. Charge-sheet has been filed and the trial is progressing.

2. As per the case of the prosecution, on 27th June, 2020 information was received at PS Ranhola mentioning that "the finger of caller was bitten and bone of finger has been broken" and the same was marked to IO SI Amit Kumar. On inquiry, it was found that pursuant to an altercation, the parties had gone to the police station and the injured had gone to hospital for treatment. At the hospital, injured Jatinder Singh was found under treatment vide MLC 751/20, who later passed away. The case was registered initially under section 307 IPC since the doctor had opined the natures of injury as grievous. On 29th June, 2020, co-accused Amit Rawat was arrested by the IO. On the same day, information was received that Jatinder Singh had passed away. The post mortem of the deceased was conducted and blood from the clothes of the deceased was seized, cause of death was opined as 'cra