Kuldeep @ Rahul vs State

Suresh Kait, J.—This is an application filed by the petitioner u/s 439 Cr.P.C. for grant of regular bail in case FIR No. 104/2010 u/s 307/34 IPC read with Section 25/27 Arms Act registered at PS. Nand Nagri. Learned counsel for the petitioner submits that the incident occurred on 25.05.2010 and petitioner was arrested in instant case FIR on 26.05.2010 and since then he is in judicial custody. He further submits that all material witnesses have been examined.

Learned counsel for the petitioner states that as per the prosecution case the allegations against the petitioner is that on 25.05.2010 the petitioner along with other co-accused were teasing three girls in the society and when the complainant Arun Kumar was sitting on the bench in front of house No. C-1/299, Nand Nagri, Delhi from where the complainant saw that three girls who were his neighbours namely Kunjan, Kanchan, Chandrakanta had been coming after attending the computer classes and told him that three boys were teasing them and sitting on the motorcycle. The girls had pointed the complainant towards those three boys one of them was sitting on the black Pulsar motorcycle.

All of a sudden brother of Kunjan namely Nitin Kumar also came in the Gali and altercation started between the petitioner and complainant, Arun Kumar and Nitin as to why they were teasing the girls for which all three boys including petitioner shouted and said "LARKI KA HISAB BAD MAIN KARENGE PEHLEY INKO NIPTA DO".

Learned counsel for the petitioner has pointed out that the co-accused Kamal had fired shots at the complainant as a result of which he received an injury on his right leg as the bullet passed through left leg. It is also stated by the learned counsel for the petitioner that the role of the present petitioner is that he was along with aforesaid accused Kamal.

It is also stated by the learned counsel for the petitioner that the petitioner is of a young age of 21 years. He has already spent one and half years in judicial custody. He is not previously involved in any other criminal case.

Learned APP for the state submits that the instant case is of a serious nature, they fired the complainant due to which his left leg received an injury. Though accused Kamal is the main accused, however, he being in the company of one of the assailant is equally responsible for the injury.

In view of the facts and circumstance of the case, and the fact that the petitioner is 21 years old and he has spent 11/2 year in custody, I deem it fit to admit the petitioner on bail.

Accordingly, the petitioner shall be released on call on furnishing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the learned Trial Court.

Accordingly, the application stands disposed of. Dasti.