Delhi High Court
Sonu @ Dinesh @ Dhaka vs State on 16 December, 2019
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16.12.2019
+ BAIL APPLN. 2864/2019
[email protected]@DHAKA ..... Petitioner
Through: MR. M.P.Singh along with
Mr. Yatharth Sinha, Mr. Girik
Tolani and Mr. Bharat Misra,
Advocates.
versus
STATE (DELHI ADMINISTRATION)..... Respondent
Through: Mr. G.M.Farooqui,
APP for respondent/State.
Insp. Rajesh-R.P.Bhawan
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (ORAL)
1. Vide this order, I shall dispose of a bail application filed on
behalf of the petitioner [email protected]@Dhaka under section 439
read with Section 482 Cr.P.C. in FIR No. 876/2017 u/s.
302/308/323/148/149/34 IPC, PS Ranhola.
2. Ld. Counsel for the petitioner has prayed for bail on the
ground that petitioner is innocent and has been falsely implicated.
Bail Appl. no. 2864/2019 Page no.1 of 4
All the material witnesses and eye witnesses have already been
examined and from the deposition of all the material/eye witnesses,
nothing material has come out to connect the petitioner with the
alleged offence. Petitioner has clean and clear antecedents and he is
in JC since 05.04.2018. It is, therefore prayed that petitioner be
released on bail.
3. Ld. APP for the State has opposed the bail petition on the
ground that the allegations against the petitioner are serious in
nature. It is further submitted that petitioner along with his
associates had committed murder of deceased Chandresh Ram. Ld.
APP, has therefore, prayed for dismissal of bail application.
4. I have considered the rival submissions. On the complaint of
one Sh. Prabhaskar S/o late Chanderesh Ram, present FIR bearing
no. 876/2017 was registered. In his complaint, the complainant has
alleged that on 27.12.2017, Pappu @ Jaswant along with Deenu @
Dhakka, Deepak @ Pandit, Sandeep Pandit, Neeru, Mannu and Kalu
were going towards their vehicle parked in a vacant plot in front of
complainant's house after consuming alcohol. Complainant was
standing in front of his house along with his neighbour. All the
Bail Appl. no. 2864/2019 Page no.2 of 4
accused persons started misbehaving with them and when they
objected, all of them started beating them with baseball and wooden
sticks. In the meantime, other family members of the complainant
reached to the spot so as to save them but all the accused persons
started beating his family members and Chandresh Ram received a
fatal head injury. As per post mortem report, the cause of death was
'Crenio cerebral damage consequent upon blunt force impact to the
head, injury no. 1", sufficient to cause death in ordinary course of
nature. Accused Pappu @ Jawant was arrested on 28.12.2017 and
weapon of offence i.e. wooden stick was recovered at his instance.
Accused Sonu @ Dinesh @ Dhaka was arrested on 05.04.2018.
NBWs were issued against co-accused Sandeep Sharawat, Neeru,
Deepak Pandit, Sandeep Pandit, Deepa @ Deenu @ Dekka, Manjeet
Dabas @ Kalu and process under Section 82 Cr.P.C. have been
initiated against the six accused persons. The allegations levelled
against the petitioner are serious in nature. Ld. Counsel for the
petitioner has however argued that most of the material witnesses
have been examined. This court is, however, of the opinion that at
the time of deciding the bail application, the Court should not hold a
Bail Appl. no. 2864/2019 Page no.3 of 4
mini trial and analyse the evidence. Three witnesses of the alleged
incident namely Sh. Deepa Chand, Smt Usha Devi and Smt Kismati
Devi are yet to be examined. Perusal of their statement recorded
under Section 161 Cr.P.C. reveals that they are the eye-witnesses of
the incident.
5. Keeping in view the serious nature of the offence and the fact
that three eye-witnesses are yet to be examined and at the stage of
bail, the court cannot hold a mini trial and appreciate and analyse
the evidence in detail which will be done by the Ld. Trial Court at
the appropriate stage, no grounds for bail are made out at this stage.
The bail application is, therefore, dismissed and stands disposed of
accordingly.
BRIJESH SETHI, J
DECEMBER 16, 2019
Ak
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