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IN THE HIGH COURT OF DELHI AT NEW DELHI

Order reserved on:

29.04.2022

Order delivered on:

06.05.2022

+

BAIL APPLN. 812/2022

K RAJAPANDIAN

..... Petitioner

Through:

Mr.Siddharth Luthra, Sr. Advocate

with Mr.Rahul Gupta, Mr.Shekhar

Gupta,

Mr.Arav

Kapoor,

Mr.J.P.

Aggarwal,

Mr.Nitin

Saluja,

Ms.Ayushi

Nagar,

Ms.Priyanka

Prasanth, Ms.Sheezan Hashmi and

Mr.Akshat Kumar, Advocates.

versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Ms.Meenakshi Chauhan, APP for

State.

Mr.Tanvir Ahmed Mir, Mr.Randeep

Sachdeva,

Mr.Shivaang

Gupta,

Mr.Fahad Khan, Mr.Dhruv Pande and

Mr.Naman Aggarwal, Advocates for

complainant.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

ORDER

ANOOP KUMAR MENDIRATTA, J.

1.

Petitioner seeks bail under Section 439 read with Section 482 of Cr.PC

in FIR No. 67/2022 dated 09.02.2022 registered at Police Station Greater

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Kailash. Initially, the FIR was registered under Sections 279/338 IPC and

subsequently Sections 307/308 IPC have also been invoked.

2.

In brief, the FIR was registered on 09.02.2022 at 0045 hours with

reference to the alleged incident which occurred on 08.02.2022 about 17:15

hours, on the statement of one Rampal Negi. He alleged that he had been

working as a driver in B-92, Greater Kailash-I with one Bal Gopal Mandelia.

On 08.02.2020 about 05:15 PM while he was standing on the main road

along with other drivers namely Laxman and Jaswant, injured Anant Vijay

Mandelia came from his house and started walking on the main road. In the

meanwhile, he saw a yellow car coming from the direction of Ikhaya Hotel,

Greater Kailash-I, B Block at a very high speed and driven in zigzag manner

which hit Anant Vijay Mandelia who fell on the bonnet of the car. However,

the car did not stop and after travelling 100 meters, sudden brakes were

applied on which Anant Vijay Mandelia fell on the road from the bonnet and

the driver fled away. The registration number of the offending car was

further stated to be DL12-CU 6969. FIR was accordingly registered under

Sections 279/338 IPC.

3.

Learned APP for the State contends that during the course of

investigation, CCTV cameras installed near the place of incident were

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examined and it was seen that the injured had signaled the offending vehicle

to stop but the driver/accused hit the injured. Due to impact of over speeding

car, the injured fell on the bonnet but the accused failed to stop and carried

the injured up to 100-150 meters. The father of the petitioner is also alleged

to be seen sitting on the front passenger seat along with the petitioner when

the car was later on parked. The disclosure statement of the petitioner, who is

student aged 19 years is also stated to have been recorded wherein he

disclosed his passion to drive fast. It is also stated that the accused used to

make videos of speedometer and placed on WhatsApp status. The

application has been vehemently opposed on the ground that the injured was

hit deliberately with an intention to kill and was dragged up to 100-150

meters causing grievous injuries.

4.

The bail application is also vehemently opposed by the learned

counsel for the complainant and reliance is placed upon Paras Arora vs.

State of UT, 2021 SCC Online P & H 1629, Rohit Sharma vs. State of NCT

of Delhi, 2021 SCC Online Delhi 4490, Naginbhai Chandubhai Solanki vs.

State of Gujarat, R/CR.MA/6079/2018, Sukhvinder Singh vs. State of

Haryana, 2005 SCC Online P & H 953, Sanjay Chandra vs. CBI, (2012) 1

SCC 40 and Suleman Rehiman Mulani and Another vs. State, AIR 1968

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001740

SC 829, in support of the contentions.

5.

On the other hand, Shri Siddharth Luthra, learned Senior Advocate for

th