Full Text
Translation output
$-38 HIGH COURT OF DELHI
BAIL APPLN. 639/2012
BOBBY @VIKAS Petitioner
Through: Mr.K.B.Andley, Sr.Advocate with Mr.M.L.Yadav, Mr. Prayank Kr.Sharma, Advs.
BAIL APPLN. 639/2012
BOBBY @VIKAS Petitioner
Through: Mr.K.B.Andley, Sr.Advocate with Mr.M.L.Yadav, Mr. Prayank Kr.Sharma, Advs.
VERSUS
STATE OF DELHI Respondent
Through: Ms.Fizani Husain, APP.
Through: Ms.Fizani Husain, APP.
CORAM:
HON'BLE MR. JUSTICE MX. MEHTA
09.05.2012 CrI.M.A.No.5731/2012 (Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Bail Appln. 639/2012 This is a petition under Section 439 CrPC for regular bail in case FIR NO. 32/2012, under Sections 323/341/427/308/147/148/149/506/307/34 IPG & 25/27 ofthe Arms Act, P.S. New Friends Colony.
The allegations against the petitioner are that he along with co-accused persons had chased the car of the complainant and his friends upto Surya Hotel and they being armed with dandas and rods, attacked on vehicle of the complainant and broke all the windowpanes. The petitioner and his associates
2012:DHC:9715 f 4* indiscriminately started beating the complainant and his friends with rods and dandas, as a result of which, three of them sustained injuries on head and other parts of their bodies. This all showed that they committed the offence in a pre-meditated plan since the complainant who was a Chief Security Officer in a
Barhad objected to the forcible entry ofthepetitioner and his associates intheBar a day before the incident.
The plea that the petitioner was in judicial custody for about V/i months and two of his co-accused were released on regular bail was no ground to admit him on bail. The role attributed to the co-accused persons released on bail was entirely distinguishable from the role that was performed by the petitioner in the commission of the offence. Having regard to the serious nature of the offence, there is no ground made out for bail. Similar applications filed by the petitioner and his associates on similar grounds have recently been dismissed by the learned
ASJ vide his order dated 19.4.2012. There is no change of any circumstance.
Petition is accordingly dismissed.
[.L. MEHTA, J MAY 09, 2012 2012:DHC:9715
09.05.2012 CrI.M.A.No.5731/2012 (Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Bail Appln. 639/2012 This is a petition under Section 439 CrPC for regular bail in case FIR NO. 32/2012, under Sections 323/341/427/308/147/148/149/506/307/34 IPG & 25/27 ofthe Arms Act, P.S. New Friends Colony.
The allegations against the petitioner are that he along with co-accused persons had chased the car of the complainant and his friends upto Surya Hotel and they being armed with dandas and rods, attacked on vehicle of the complainant and broke all the windowpanes. The petitioner and his associates
2012:DHC:9715 f 4* indiscriminately started beating the complainant and his friends with rods and dandas, as a result of which, three of them sustained injuries on head and other parts of their bodies. This all showed that they committed the offence in a pre-meditated plan since the complainant who was a Chief Security Officer in a
Barhad objected to the forcible entry ofthepetitioner and his associates intheBar a day before the incident.
The plea that the petitioner was in judicial custody for about V/i months and two of his co-accused were released on regular bail was no ground to admit him on bail. The role attributed to the co-accused persons released on bail was entirely distinguishable from the role that was performed by the petitioner in the commission of the offence. Having regard to the serious nature of the offence, there is no ground made out for bail. Similar applications filed by the petitioner and his associates on similar grounds have recently been dismissed by the learned
ASJ vide his order dated 19.4.2012. There is no change of any circumstance.
Petition is accordingly dismissed.
[.L. MEHTA, J MAY 09, 2012 2012:DHC:9715
JUDGMENT