BAIL APPLN. 410/2022

Page 1 of 10

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on :

31^st March, 2022

Pronounced on:

27^th April, 2022

+

BAIL APPLN. 410/2022

AKSHAY @ GOLU

..... Petitioner

Through:

Mr. Mir Akhtar Hussain, Ms.

Sonia Goswami and Mr. Rakesh

Kumar Pant, Advocates

Versus

STATE NCT OF DELHI

..... Respondent

Through:

Ms. Kusum Dhalla, APP with Insp.

Chhatter Singh, P.S. Khyala.

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

1.

The instant application has been filed under Section 439 of the

Code of the Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) on behalf

of the applicant seeking regular bail in FIR No. 07/2021 under Section

302/147/148/149/34 of the Indian Penal Code, 1860 (hereinafter “IPC”)

registered at PS Khyala, New Delhi.

2.

Brief facts of the matter are that the complainant, Jitender Kumar

Mehta, is the brother of the deceased, Satender @ Bhola, and he lodged

the instant FIR against the instant applicant and his associates who have

been accused of killing the deceased.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001517

BAIL APPLN. 410/2022

Page 2 of 10

3.

On the day of the incident the complainant was returning from his

Café when he received a phone call, at about 1:30 am, from one Nitin @

Lussy, a friend of the deceased, who informed him that the deceased had

a money issue with one Vicky who was making excuses to pay back

money to the deceased. Both the deceased and Nitin went to the house of

the accused Vicky to take back the said money and found Vicky

consuming alcohol outside his house alongwith two other people. When

the deceased asked for his money, accused Vicky started abusing him and

conversation between them became heated.

4.

Thereafter, accused Vicky called upon three-four other boys and all

of them together starting assaulting the deceased and his friends. Accused

Vicky picked up a baseball bat and stated hitting the deceased on his head

and kept hitting him repeatedly till he became unconscious. When the

complainant reached the spot of the incident, he found the deceased lying

of the road with his head torn and blood scattered in the street. The

complainant took the deceased to the hospital where he was declared

„brought dead‟. Subsequently, FIR No. 07/2021 was lodged by the

complainant. The instant applicant was arrest at the instance of one

Pankaj Mehta on 2^nd September, 2021.

5.

Learned counsel appearing on behalf of the applicant submitted

that the instant applicant is innocent and has been falsely implicated in

the case only on the statements of the co-accused. There is no evidence

against the applicant connecting him, directly or indirectly, to the assault

and the consequent murder of the deceased.

6.

It is submitted on behalf of the applicant that the instant FIR was

lodged on the basis of hearsay statement and the same does not name

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001517

BAIL APPLN. 410/2022

Page 3 of 10

him. Further, the prosecution witnesses Nitin and Pradeep @ Mannu @

Manish, in their statement, did not name the applicant and would not have

been able to identify him had they had been confronted. The statements

of the prosecution witnesses do not reveal any role or over act of the

applicant in the entire incident. It is submitted that even the CCTV

footage of the incident does not show that the applicant had assaulted the

deceased. There are serious and material contradictions between the oral

evidence and the footage of CCTV.

7.

Learned counsel for the applicant submitted that the applicant is a

student and has no criminal history and he is not required for the

investigation as the challan against him has already been filed. The

learned counsel for the applicant, on instructions, undertakes that the

applicant shall abide by all co