BAIL APPLN. 317/2020 Page 1 of 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 31.01.2022

% Pronounced on : 08.03.2022

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BAIL APPLN. 317/2020 and CRL.M.A. 11134/2020

VIJAY @ BHURI

.....Petitioner

Through:

Mr. Gaurav Sharma, Advocate.

Versus

STATE

.....Respondent

Through:

Mr. K. K. Ghei, APP for the State.

Mr. Joel and Mr. Amit Dwivedi,

Advocates for Complainant.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

JUDGMENT

RAJNISH BHATNAGAR, J.

1. This is a petition filed by the petitioner under Section 439 Cr.P.C.

seeking regular bail in FIR No. 188/2019 under Sections 302/34 IPC

registered at Police Station Vivek Vihar, Delhi.

2. In brief the facts of the case are that a PCR call vide DD No. 48A was

received on 19.05.2019 at 11.20 PM at P.S. Vivek Vihar from Max Hospital,

Parparganj regarding death of Sh. Rajkumar S/o Sh. Laxman Dass R/o 28/88

Kasturba Nagar, Delhi. The I.O, ASI Devidarshan reached the hospital and

collected the MLC No. 9115/2019, time 10.10 PM with alleged history of

2022:DHC:843

BAIL APPLN. 317/2020 Page 2 of 8

"Pt. was brought dead to ER, alleged history of assault near Jhilmil area. Pt.

was hit by someone as per history given by attendant then patient came back

home and then took scooty and went out and then fell down from scooty. He

suddenly collapsed and was unresponsive since then." Three injury marks

were present on deceased's chin, left cheek and chest. The daughter of

deceased Ms. Rajni Bal met the I.O in hospital and she alleged that his

father had gone for evening walk after having dinner but he returned and

told her that he was standing outside Dr. Verma's clinic in Kasturba Nagar

where accused Vijay @ Bhuri (petitioner herein) and his associates gave

beatings to him with fists and blows and also, hit him with scissors. It is

alleged that Vijay @ bhuri stated that this policeman complaints against him

so he would kill him. Thereafter, when Rajkumar and Rajni were going to

hospital on scooty, Rajkumar fell down, so Rajni took him to Max Hospital,

where he expired before the treatment. Later on, the instant case was

registered vide FIR No. 188/19 dated 20.05.2019, under Sections 302/34

IPC at P.S Vivek Vihar. The statement under Section 161 Cr.P.C of Rajni

Bala was recorded on 20.05.2019, wherein she stated that when her father

returned home after the incident, he told her that the accused persons Vijay

@ Bhuri and Vinod @ Pahari had beaten him with fist-blows and accused

Vijay @ Bhuri also attacked him with scissors.

3. I have heard the learned counsel for the petitioner and the learned

APP for the State and perused the status report filed by the state.

4. It is submitted by the learned counsel for the petitioner that petitioner

has been falsely implicated in this case and is in judicial custody since

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BAIL APPLN. 317/2020 Page 3 of 8

20.05.2019. It is further submitted that as per the MLC bearing no. 9115

dated 19.05.2019, there were only three noted visible injuries on the body of

the deceased, i.e., abrasion on chin, abrasion on left cheek and abrasion on

chest, however, when the post mortem of the deceased was conducted the

doctor who conducted the post-mortem, observed that there were six injuries

on the body of the deceased. It is further submitted that the said glaring

contradiction between two medical documents should not have been ignored

by the Ld. Trial court, as the said contradictions are extremely material in

establishing the falsific