Delhi High Court
[email protected] vs Govt. Of Nct on 20 August, 2020
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20th August, 2020
+ BAIL APPLN. 1946/2020
RAJ KUMAR @ RAJU ..... Petitioner
versus
GOVT. OF NCT ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Ms. Sarita Gupta, Advocate
For the Respondent: Ms. Kusum Dhalla, Addl. PP for the State with Inspector
Prahlad, Police Station Shahdara.
Mr. K.S. Rana, Advocate with complainant in person through
video conferencing.
CORAM:-
HON'BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner seeks regular bail in FIR No. 90/2019 initially registered
under Section 323/341/34 of the IPC registered at Police Station Shahdara.
Subsequently after the death of the victim Section 302 IPC has been added.
3. FIR has been registered on the statement of the victim (deceased)
who had stated that on 21.04.2019 at about 10.00 p.m. he had left his shop
to return home. Near his shop when he reached Hanuman Mandir, one
person sprayed something on his face because of which he started feeling
burning sensation on his face. Thereafter his brother and his friends
Signature Not Verified
MAGGU
Signing Date:20.08.2020 18:20:58
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
stopped his way and started hitting him with rods and wooden sticks on
account of which he sustained several injuries on his body. The victim was
thereafter taken to hospital and on 24.04.2019 he passed away. In his
statement the Victim names several persons and states that they along with
others assaulted him.
4. As per the prosecution there are several witnesses who had
witnessed the incident and seen the accused. One such person is the son of
the deceased who has stated that he along with his friend was at a distance
of about 100 meters when they heard the voice of his father asking for help.
He and his friend reached the spot and saw his uncle and several other
individuals who had iron rods and sticks in their hands and were beating his
father. He has named all the accused except one who he has stated he does
not know but could identify when he comes in front. He has specifically
named the petitioner as one of the assailants who had an iron rod in his
hand and was beating his father.
5. Post-mortem report shows that as many as 44 injuries were sustained
by the victim on his body. The death summary reports that the victim had
suffered polytrauma with multiple lower limb fractures and the cause of
death is reported as the physical assault.
6. The statement given by the son of the deceased has also been
corroborated by his friend as well as other eye-witnesses.
7. Learned counsel for the petitioner submits that petitioner suffers
from HIV AIDS and as such is vulnerable and be granted regular bail.
8. Status report has been filed by the learned Addl. PP for the State.
Signature Not Verified
MAGGU
Signing Date:20.08.2020 18:20:58
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
9. The medical report of the petitioner has also been received from the
Jail Superintendent which states that petitioner has been suffering from
HIV AIDS for the last 8 years and is getting ART medicines from the ART
Centre at GTB Hospital and his condition is stable with vitals within the
normal limits and he is getting all prescribed medicines from the Jail OPD
and is also getting special medical diet for his HIV status.
10. Keeping in view of the nature of offence and the role ascribed to the
petitioner and the fact that petitioner has been specifically named as one of
the assailants by the son of the deceased, who is an eye-witness and also the
nature of injuries sustained by the deceased, and the fact that medical
condition of the petitioner is reported to be stable and he is receiving
appropriate treatment, I am of the view that the petitioner is not entitled to
grant of regular bail at this stage.
11. The petition is accordingly dismissed.
12. Copy of the order be uploaded on the High Court website and be
also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J
AUGUST 20, 2020
'rs'
Signature Not Verified
MAGGU
Signing Date:20.08.2020 18:20:58
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
