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2023 Supreme(Online)(DEL) 18016
BAIL APPLN. 2206/2023 Page 1 of 6
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 10.10.2023
% Pronounced on : 29.11.2023
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BAIL APPLN. 2206/2023
AMAN @ KARDAM
..... Petitioner
Through:
Mr. Kumar Piyush Pushkar and Mr.
Vikas Pal, Advocates (through video
conferencing)
versus
STATE (NCT OF DELHI)
....Respondent
Through: Mr. Amit Ahlawat, APP for the State.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
An accused is not entitled to bail if the allegations against him are grave and serious in nature and there is consistent testimony of an eyewitness identifying the accused as one of the assailants.
Headnote:
BAIL - SECTION 302 IPC - [THE COURT DISMISSED THE BAIL APPLICATION OF THE PETITIONER ACCUSED OF MURDER, NOTING THE GRAVE AND SERIOUS NATURE OF THE ALLEGATIONS AND THE CONSISTENT TESTIMONY OF AN EYEWITNESS]
Fact of the Case:
The petitioner was accused of murder under Section 302 IPC. The prosecution alleged that the petitioner and his co-accused had beaten the deceased to death. The petitioner claimed that he was falsely implicated and that the deceased and his associates were running a gang in the area.
Finding of the Court:
The court noted that the allegations against the petitioner were grave and serious in nature. The court also noted that an eyewitness had consistently identified the petitioner as one of the assailants. The court further noted that the petitioner had not been able to provide any credible evidence to support his claim of false implication.
Issues: Whether the petitioner was entitled to bail in light of the serious allegations against him and the consistent testimony of an eyewitness.
Ratio Decidendi: The court held that the petitioner was not entitled to bail. The court reasoned that the allegations against the petitioner were grave and serious in nature and that the testimony of an eyewitness had consistently identified the petitioner as one of the assailants.
Final Decision: The court dismissed the petitioner's bail application.
RAJNISH BHATNAGAR, J.
1.
The present bail application has been filed by the petitioner
under Section 439 Cr.P.C. seeking regular bail in case FIR No.
286/2020 under Sections 302/308/34 IPC registered at Police Station
Anand Parbat, Delhi.
2.
As per the allegations made by eyewitness Ms. Sarita who is the
sister of deceased Ajay, on 01.10.2020 deceased Ajay had told her that
accused Vikas @ Pilka quarreled with him and threatened him for dire
consequences. She further alleged that on 02.10.2020, she was at her
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BAIL APPLN. 2206/2023 Page 2 of 6
home and she came to know that some persons were beating her
brother Ajay (since deceased). Thereafter, she rushed to Military Road
near Mandir where she saw that accused persons namely Vikas @
Pilka, Aman @ Kavva (present petitioner), Deepankar @ Deepu and
Punit Kotia were beating her brother mercilessly. She further alleged
that accused Aman @ Kavva (petitioner herein) had hit a brick on the
head of Ajay, then Vikas @ Pilka hit Ajay's head over the bonnet of a
car. Accused Deepankar @ Deepu and Punit @ Kotia had also beaten
Ajay by kicks on head and chest and when Sarita tried to save her
brother, accused Deepankar pushed her away. Sarita further alleged
that when Ajay became unconscious, all the accused fled away from
the spot. She also alleged that one person namely Chetan was also
present on the spot and she alongwith Chetan shifted her brother Ajay
to LMHC Hospital.
3.
As per the prosecution, on the basis of the information received
vide DD No. 3 A on 03.10.2020 at police Station Anand Parbat a case
vide FIR No 286/20 U/s 308/34 IPC was initially registered and
investigation was handed over to ASI Rajesh. Deceased Ajay who
was firstly admitted to LHMC Hospital vide MLC No. 3109/20 was
later on referred to higher center and lastly, injured Ajay died in
Mimhans Neurosciences Hospital on 23.12.2020. On 23.12.2020
postmortem of deceased Ajay was got conducted by the officials of PS
Medical, Meerut UP at Lala Lajpat Rai Memorial Medical College,
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BAIL APPLN. 2206/2023 Page 3 of 6
Meerut, UP vide PM No. 1451/2020 and the doctor opined that the
"Cause of death is septicemia due to chronic illness of multiple
organs".
4.
As per the prosecution during investigation, statements of eye
witnesses namely Sarita, Vivek and Mr. Chetan were recorded U/s 161
Cr.P.C. and the statement of eye witnesses were also got recorded U/s
164 Cr.P.C wherein they have corroborated the case of the prosecution.
5.
I have heard the Ld. counsel for the petitioner, Ld. APP for the
State, perused the Status Report and also perused the Records of this
Case.
6. It is submitted by the Ld. counsel for the petitioner that there is
not even an iota of evidence against the petitioner and nothing has been
recovered from him. It is further submitted that the petitioner has been
falsely implicated in this case, rather it was the deceased and his
associates who were running a gang in the area and about 2 days back
one of his friends was brutally beaten by the deceased and his friends.
It is further submitted that there is no eye witness of the present case,
however, the police has falsely introduced sister of the deceased as an
eye witness to the incident and she is an interested witness.
7.
It is further submitted that two alleged eye witnesses namely
Chetan and Vivek have not supported the case of the prosecution and
there are no specific allegations against the petitioner in the FIR and
Digitally Signed
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Signing Date:30.11.2023
17:42:09
Signature Not Verified
BAIL APPLN. 2206/2023
