Delhi High Court
Kishan vs State (Nct Of Delhi) on 31 May, 2021
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 31.05.2021
+ BAIL APPLN. 1888/2021 & CRL.M.A. 8445/2021
KISHAN ...... Petitioner
Through: Mr. Tarun Kumar, Advocate
Versus
STATE (NCT OF DELHI) ...... Respondent
Through: Mr. Panna Lal Sharma, Additional
Public Prosecutor for State with
Inspector Rajinder Singh
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (oral)
The hearing has been conducted through video conferencing.
1. The present petition has been preferred by petitioner seeking bail in
FIR No. 517/2020, under Sections 307/147/148/34 IPC, registered at police
station Adarsh Nagar, Delhi.
2. The FIR in question has been registered at the instance of complainant
Puneet @ Sameer who has alleged that on 06.07.2020, at around 05:30 PM
he and his friend were attacked by 5-6 boys who hit them with
sword/knife/danda and petitioner was named one of those accused. On the
aforesaid complaint, the FIR in question was registered against petitioner
and other accused persons.
3. Notice issued.
4. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for
State, accepts notice.
5. Learned counsel for petitioner submits that complainant is the Bad
Character (BC) of the area and has enmity with petitioner and especially his
brother, since they believed that they are witness to one of their crimes
committed by him with his associates in the area of Lal Bagh. It is further
submitted that in the night of 25.06.2020 the complainant of the present FIR
had first attacked the house of petitioner and also fired a gun shot with an
intention to kill petitioner and regarding this incident, after a PCR call, DD
entry No. 23/A under Sections 107/151 Cr.P.C. was made and the
complainant was released on bail the next day. However again on
06.07.2020, complainant with his associates, armed with deadly weapons
like swords, iron rods, knives and dandas attacked the petitioners and when
they were resisted by local persons, who in self defence beaten them up,
they took advantage of their injuries and got the present FIR registered
against the petitioners.
6. Learned Additional Public Prosecutor for State has opposed the
present petition while submitting that in the MLC, nature of injury suffered
by the complainant has been opined to be 'grievous' and petitioner has
specifically been named in the FIR in question as one of the assailants and
also that in the CCTV footage, he is seen carrying a sword and running
towards the place of incident.
7. Counsel representing both the sides have been heard and material
placed on record has been perused.
8. Case of petitioner is that complainant has animosity against the
petitioner. Petitioner is witness to a crime wherein complainant and his
associates had stabbed a person in front of his house in broad day light and
since then, complainant has been pressurizing petitioner not to be a witness
against them. So far as allegation that in the CCTV footage of the incident,
petitioner is seen holding sword in his hand, another accused Bobby is also
seen carrying knife in his hands, however, he has been granted bail by this
Court vide order dated 25.03.2021.
9. Though learned Additional Public Prosecutor for State has opposed
the present petition submitting that the role attributed to the petitioner is
different from Bobby, however, he is unable to distinguish the same.
10. Petitioner is behind bars since 05.01.2020. Charge sheet in this case
has already been filed, but charge has not yet been framed and trial shall
take substantial time. In this view of the matter, I am inclined to release
petitioner on bail.
11. Accordingly, the petitioner is directed to be released on bail on his
furnishing personal bond in the sum of Rs.20,000/- with one surety in the
like amount to the satisfaction of the Trial Court/Duty Magistrate, while
making it clear that any observation made herein shall not influence either
side during trial.
12. The petition is accordingly disposed of. Pending application is also
disposed of as infructuous.
13. The petitioner shall not directly or indirectly influence any witness
and shall appear before the trial court as and when directed.
14. A copy of this order be transmitted to the Trial Court and Jail
Superintendent concerned for information and compliance.
(SURESH KUMAR KAIT)
JUDGE
MAY 31, 2021
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