Delhi High Court
Lav Kush vs State on 20 August, 2015
Author: Siddharth Mridul
#8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 20.08.2015
+ BAIL APPLN. 1576/2015
LAV KUSH ..... Applicant
Through Mr. Brahm S.Nagar, Advocate
versus
STATE ..... Respondent
Through Mr. M.S. Oberoi, Advocate
SI Ashok, DIU/SD
Mr. Rakesh Tiku, Sr. Advocate wtih
Mr. Harsh Sethi and Mr. Sumit
Tanwar, Advs. for the complainant
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Section 439 of the Code of Criminal
Procedure, 1973 for grant of regular bail in FIR No. 470/2015 under Sections
452/506/336/34 IPC registered at Police Station Fatehpur Beri, Delhi.
2. The applicant has been in judicial custody since 8 th July, 2015. It is an
admitted case that the applicant had not been named in the subject FIR. It is
further admitted that on a complaint filed by one Satbir Singh Tanwar, the
subject case was registered against the six accused persons named in the FIR
namely Jai Bhagwan, Sanjay Bhatti, Sumit Bhatti, Akshay Bhatti, Anil
Choudhary and Himanshu. Along with them, fifteen unknown persons are
alleged to have perpetrated the offence.
3. The registration number of one of the vehicles used in the commission
of the alleged offence was flashed by the police. The applicant was arrested
while driving that vehicle on the date of the incident.
4. Mr. Brahm S. Nagar, learned counsel appearing on behalf of the
applicant states that the applicant is employed as a driver by Sanjay Bhatti,
one of the named accused in the subject FIR, and had nothing to do with the
assault on the complainant.
5. Mr. Nagar, learned counsel therefore urges that he has been arrested in
the subject FIR only on account of the circumstance that he was driving the
offending vehicle and all the other allegations in the subject FIR do not apply
to him.
6. Mr. M.S. Oberoi, learned counsel appearing on behalf of the State
fairly concedes that upon investigation, it has been revealed that the
applicant is an employee of Sanjay Bhatti as a driver. Mr. Oberoi further
states that the applicant has been employed as a driver with the prime
accused in the subject FIR for the last three years.
7. An affidavit of Smt. Saroj Bhatti, mother of Sanjay Bhatti has been
tendered in Court certifying the fact that the applicant is employed with her
and her family for the past three years. The same is taken on record.
8. A certificate has also been placed on record issued by Shri Dharampal
Bhati, Vilalge Pradhan, Gram Panchayat Surajpur, Village Bisrakh, Greater
Noida, Dist. Gautam Budh Nagar, U.P. stating that the applicant is living in
the house of Mr. Manoj Bainsla for the last three years and he is working as
a driver of Sanjay Bhatti.
9. Mr. Rakesh Tiku, learned senior counsel appearing on behalf of the
complainant in the subject FIR does not refute this position in view of the
status report filed on behalf of the Police.
10. In the present case, it is observed that the applicant is not wanted in
any other case.
11. There is neither any hint nor allegation that the applicant shall
approach the witnesses in the subject FIR or that he will tamper with the
evidence. The socio-economic status of the applicant who belongs to a small
village in Uttar Pradesh does not give rise to any apprehension in this behalf.
12. In view of the aforesaid facts and circumstances, the present bail
application is allowed.
13. The applicant shall be released on bail in the subject FIR, subject to
the following conditions:-
(1) that he shall furnish a personal bond in the sum of Rs.20,000/- with
one local surety in the like amount to the satisfaction of the trial Court;
(2) that the applicant shall remain present before the trial court on all the
dates fixed for hearing by that Court; and
(3) that he shall not meet the witnesses and tamper with the evidence.
14. With the above said directions, the present bail application is disposed
of.
15. Copy of this order be given dasti to counsel for the parties under the
signature of the Court Master.
SIDDHARTH MRIDUL, J
AUGUST 20, 2015/sd
