IMPORTANT POINT
Presumption of innocence, consideration of gaps in prosecution's version, and potential for protracted trial influenced the court's decision in granting bail.

JUDGMENT

Vikas Mahajan, J. - The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with FIR No. 188/2022 under Sections 302/307/34 IPC registered at PS Paharganj.

2. Vide order dated 12.05.2023, notice was issued in the bail application of the petitioner and the State was directed to file a status report. The State has filed a status report dated 03.07.2023.

3. The case of the prosecution as borne out from the chargesheet is that on 01.03.2022, information vide DD No. 45A was received at the police station that a knife stabbing incident has taken place behind KG Hotel, Paharganj. On receipt of the above information, police staff reached at the spot i.e. Fitness Hub Gym, 1663-64, Main Bazar, Chuna Mandi, behind KG Palace Hotel, Pahar Ganj. After inspection, blood spots were found inside the said Gym and in the street outside the gym.

4. Thereafter, an enquiry was conducted at the spot, wherein it was revealed that the injured persons were taken to Lady Harding Medical College Hospital, New Delhi. Accordingly, police staff reached at LHMC Hospital, wherein 02 persons namely, Manoj Manchanda and Vicky Manchanda/complainant from one group and 04 persons namely Joginder Sharma, Manjeet Sharma @ Bable, Rahul Sharma & Saurabh Sharma from another group were found injured vide different MLCs. It was revealed that Manoj Manchanda S/o Ved Prakash R/o Motia Khan had expired during treatment on account of sharp weapon injuries.

5. It is in this backdrop that the FIR came to be registered on the basis of the statement of Vicky Manchanda, who is the brother of the deceased. The petitioner was arrested in the present case on 06.03.2022 and since then he is in judicial custody.

6. Vicky Manchanda revealed in his statement that Mayank Manchanda @ Jaanu S/o Manoj Manchanda (cousin of Vicky Manchanda) called his father at about 10:15 AM on 01.03.2022 from Fitness Hub Gym and informed him that he was involved in a quarrel in the gym with the petitioner herein. Accordingly, Vicky Manchanda and Manoj Manchanda reached the gym at about 10:25 AM where Joginder Sharma, Manjeet Sharma @ Babla and sons of Joginder Sharma namely Rahul and Saurabh (petitioner herein) were present. It was further stated that Joginder and Manjeet Sharma @ Babla had a knife in their hands; whereas Rahul had Chapat (meat cutter) and the petitioner had a stone in his hand.

7. It was also stated by the complainant that Manjeet Sharma @ Bable hurled abuses at Manoj Manchanda while extending threats to eliminate him and that all four persons including the petitioner herein attacked the complainant and his brother. The complainant also disclosed that the petitioner gave a stone blow on the head of the deceased.

8. During investigation of the present case, statements of witnesses namely Ayan Ali and Waseem Raja were recorded under Section 161 of the Code of Criminal Procedure, 1973 wherein they disclosed that they were present in the gym, where at about 10 AM, a quarrel took place between the present petitioner namely, Saurabh Sharma and Mayank Manchanda @ Jaanu over playing music in the gym. Thereafter, the said quarrel was pacified by the gym trainer and the petitioner was sent outside the gym. Later on, the petitioner came inside the gym and again quarrel took place between them.

9. During further investigation, CCTV footage was recovered from the cameras which were installed near the place of the incident and it was found that the petitioner was leaving the spot on a scooter with one of his known associates namely, Dal Chand @ Aashish.

10. A cross FIR No. 189/2021 under Sections 307/34 IPC also came to be registered on the basis of statement of injured Joginder Sharma S/o Kripa Ram Sharma against Vicky Manchanda and Mayank Manchanda @ Jaanu wherein he alleged that during the same incident they were also informed by his son Saurabh Sharma (petitioner herein), pursuant to which the complainant of aforesaid FIR No. 18