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2023 Supreme(Del) 4749

SAURABH BANERJEE
Mayank Khatri – Appellant
Versus
State NCT of Delhi – Respondent


Advocates appeared:
Mr. Pankaj Kumar Sharma and Ms. Madhu Katiwal, Advocates, for the Petitioner.
Mr. A.V.S., APP, for State with ASI Dinesh Kumar, PS-Keshav Puram.

JUDGMENT

Saurabh Banerjee, J.

1. This is a bail application seeking grant of regular bail by the applicant under Section 439 of the Code of Criminal Procedure, 1973 being accused in FIR No.609/2022 dated 06.07.2022 registered at P.S.: Keshav Puram, Delhi under Sections 506/341/308/120-B/34 of the Indian Penal Code, 1860 (IPC).

2. As per the FIR, Mr. Karan Yadav, a co-accused of applicant residing nearby the complainant, was frequently engaging in fights with residents of the locality. Around one month before the filing of the FIR, the applicant and another person, on instructions of Mr. Karan Yadav, threatened the complainant to remove his car from where it was parked. Later, the said Mr. Karan Yadav, applicant and another person threatened the complainant of dire consequences in case he did not remove his car. On 05.07.2022, the complainant first saw the applicant near his house around 03:00 PM and then, around 06:00 PM when he was parking his car, 3-4 boys got down from a Ford Endeavour bearing registration number HR 26 DS 0010 and started beating the complainant incessantly.

3. Learned counsel for applicant submits that the applicant has been in custody since 18.04.2023. He

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