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Judgment
The accused/applicant, suffering undertrial incarceration since 29.03.2024 seeks regular bail in case FIR No. 62/2018 of PS Rajouri Garden for offence under Section 302/174A/34 IPC. I have heard learned counsel for accused/applicant and learned APP for State assisted by IO/Inspector Shri Bhagwan.
On 19.01.2018, the complainant de facto Sumit lodged a complaint on the basis whereof the FIR was registered, alleging as follows. At about 03:00pm on 19.01.2018, Sumit saw his brother Niranjan being assaulted by 4-5 persons. One of those assailants, namely Praveen, was inflicting multiple stabs on Niranjan. On seeing this, Sumit shouted, and the assailants fled in the other direction. After following them for 10-15 steps, he found another group of 4-5 boys armed with dandas, with whom the assailants escaped. Sumit then shifted his brother Niranjan to the hospital, where the latter succumbed to his injuries.
On behalf of accused/applicant, it is submitted by learned counsel for accused/applicant that he has not been named in the FIR and has been falsely implicated. Learned counsel for accused/applicant submits that the main accused Praveen who allegedly stabbed Niranjan to death has already been granted bail by the Court of Sessions by way of order dated 30.11.2022. Even the remaining assailants have been released on bail.
On the other hand, learned APP opposes the bail application on the ground that the assailants fled the spot in the vehicle of the present accused/applicant. There is no other ground of opposition to grant of bail.
Considering the overall circumstances the application is allowed and it is directed that the accused/applicant be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the trial court.
Copy of this order be sent to concerned Jail Superintendent for being immediately conveyed to the accused/applicant.