Bijender vs State
2011 Latest Caselaw 790 Del

               *         IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                          Date of Reserve: 1st February, 2011

                                 Date of Order: February 09, 2011

                                    + Bail Appln. No. 77/2011
%                                                                              09.02.2011
         Bijender                                                     ...Petitioner

         Versus

         State                                                        ...Respondent

Counsels:

Mr. R.P. Kasana for petitioner.
Mr. Sunil Sharma, APP for State/respondent.


         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

1. This petition under Section 438 Cr.P.C has been preferred by the petitioner for

grant of anticipatory bail against whom a case under Section 307/506 read with Section

34 IPC has been registered vide FIR No.260 of 2010 police station Fatepur Beri. As per

prosecution case, the victim in this case was brutally assaulted by Ravi, Davinder,

Naresh, Jai and Manish who were armed with swords, iron rods,"panji' and dandas. The

petitioner/accused was exhorting these persons in a loud voice to kill the victim. The

victim received injuries all over his body. His both legs were broken and he suffered

multiple fractures. He received multiple injuries on other parts of his body also. Initially he

was treated at AIIMS Hospital and then was shifted to Max Hospital where he remained

admitted for 15 days. The injuries received by the victim included head injuries and

compound fractures. The accused in this case is a known criminal and is involved in

Bail Appln. 77/2011 Page 1 Of 2 other similar cases being FIR No.341 of 1996 police station Mehrauli, FIR No. 138 of

2001 police Vasant Kunj, FIR No. 196 of 2005 police station Mehrauli, FIR No. 650 of

2005 police station Mehrauli, FIR No. 47 of 2010 police station Fatepur Beri. Three of the

cases were under Section 307 and 308 of IPC. One under Section 323 and other 323,

452 of IPC etc. In these cases, the petitioner either get acquitted or compromised.

Nonetheless, the cases show the tendencies of the petitioner/accused to take law into

his own hands frequently and to exhibit his muscle power with the help of his goons /co-

accused persons. The plea taken by the petitioner/ accused counsel is that the petitioner

was not present at the site and has been falsely named. I consider that this plea of alibi

cannot be considered at this stage. I find it is not a fit case for grant of anticipatory bail.

The bail application is hereby dismissed.

February 09, 2011                                     SHIV NARAYAN DHINGRA, J
rd




Bail Appln. 77/2011                                                          Page 2 Of 2