Varoon @ Babloo vs State
2010 Latest Caselaw 5608 Del

                * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of Reserve: 2nd December, 2010
                                                Date of Order: 8th December, 2010
+ Bail Application No. 1412/2010
%                                                                 08.12.2010

        Varoon @ Babloo                                         ... Petitioner
                                 Through Mr. Ranjeet Kumar Jha, Advocate

                        versus


        STATE                                                  ..... Respondent
                                 Through Mr. Sunil Sharma, Addl. PP with
                                 Insp. Smarjeet Singh, P.S. Sultanpuri



JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?




ORDER

This application has been made by the applicant seeking bail on

the ground that no specific role has been assigned to accused/applicant in

commission of offence and the co-accused has already been granted bail.

However, perusal of record would show that the applicant was one of the

main assailants/accused. It was the 'applicant' who along with Shivam,

Mukesh and Rajesh sat in front of the house of injured persons and it was the

''applicant' who started giving taunting remarks and making gestures to

complainant Kaushalya on whose statement FIR was recorded. When he

was forbidden by complainant Kaushalya the applicant along with his three

friends went to the house of Kaushalya. He was armed with a knife while

others were armed with rod, hockey stick, danda and belts and they

indiscriminately started assaulting the family members. The applicant made

an attempt to stab Shiv Kumar. This assault of applicant was warded off by

Kaushalya on her left hand and in the process she received injuries on the

hand. Subsequently, more family members of applicant joined him in the

assault. Shiv Kumar, who received injuries at the hands of the applicant, his

friends and the family members, died sometime after the quarrel. The case

was initially registered under Section 308 IPC and later on converted to

Section 304 IPC.

Looking at the role of the applicant, I do not consider that it is a

case where no role has been assigned to the applicant. The bail application

is hereby dismissed.

December 08, 2010                           SHIV NARAYAN DHINGRA, J.
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