Naveen @ Pelu v. State Govt. of NCT of Delhi

1. Present bail application has been filed seeking regular grant of bail in case FIR No. 0270/2022 dated 05.05.2022 registered under Sections 304/34 IPC at PS Harsh Vihar.

2. The facts in brief, as stated in the status report, are that on 02.05.2022, a lady namely Babli who is resident of the same street in which the eyewitness Sh.Sube Singh resides was coming from the side of Maharana Pratap School and going towards her home. Sh. Sube Singh stated before the IO that a boy i.e deceased Sudhir was following Babli, who was looking drunk and staggering. The witness stated that when the deceased reached at the corner of the street, he fell on Babli and her leg fell into the drain. It was further stated that Babli’s house was about 20 to 25 steps far from where this incident occurred. When she made noise, the petitioner who is the son of Babli, came out of the house. Babli complained that the boy i.e. deceased was misbehaving with her and slapped the deceased Sudhir. Allegedly, the petitioner also started hitting the deceased. In this scuffle, the deceased fell down. Thereafter another boy came there and also started kicking the deceased, who was already down. In this, the deceased also fell into the drain. Allegedly, two other boys also came who also started beating the deceased. Allegedly, all of them were kicking the deceased. However, on the intervention of the wife and son of Sh.Sube Singh, the police was called but before the police could arrive, Sudhir slowly left the spot.

3. On the next day, at around 6 a.m., when the complainant came to the street, he saw the deceased lying on the slab in front of Maharana Pratap School. Sh.Sube Singh went to the boy and picked him up. The condition of Sudhir was very bad and he was complaining about pain in his abdomen and could not walk. On the mobile number being given, the brother of deceased Sudhir was called and he was taken to the hospital. However, Sudhir succumbed to his injuries during the treatment. During the course of investigation, the petitioner along with Gulab Singh was arrested. Charge-sheet has been filed against the petitioner, Gulab Singh and Babli, however, Babli was not arrested.

4. Learned APP submits that there is only one eye witness in this case and if the petitioner is released on bail he may threaten the witness. Learned Additional P.P. submits that the other co-accused Gulab Singh is in judicial custody. The bail has been opposed on the ground that the offence is very grave and serious in nature.

5. Learned counsel for the petitioner submits that the allegation against the present petitioner is that he had slapped the deceased or at the best kicked him. Learned counsel submits that the quarrel took place at the spur of the moment when the deceased fell down on the mother of the petitioner and petitioner had simply come to help her mother. Learned counsel submits that the petitioner is in custody since 07.09.2022. It has been submitted that the petitioner is a young married man of about 30 years of age and has clean antecedents.

6. I have considered the submissions.

7. It is well settled that the grant of bail is the Rule and refusal is the exception, so as to ensure that the accused has the opportunity of securing fair trial. At pre-conviction stage there is always a presumption of innocence in the favour of the accused. Each bail application is to be decided on the basis of its peculiar facts and circumstances. No straitjacket formula exists for disposal of a bail application. The grant of bail requires the consideration of various factors which ultimately depends upon the specific facts and circumstances of the case before the Court. However, certain salient factors that are considered while granting bail pertain to the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence; reasonable apprehension of tampering with the witness or apprehension of threat to the complainant; prima facie satisfaction of the court in support of the charge.

8. The court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence.

9. The object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. In the present case, the petitioner is a young man of 30 years, having family and clean antecedents.

10. Without going into the deeper examination of the facts of the case, the apparent allegations are that the petitioner had come on the spot to help his mother and during that petitioner had beaten the deceased. At the stage of bail, it is not expected to appreciate the evidence so as to not cause prejudice to the petitioner or the prosecution.

11. Thus, taking into account the consideration the totality of the facts and circumstances of the case, the petitioner is admitted to bail on his furnishing bail bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the trial court, subject to the following conditions: a) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case; b) the petitioner shall provide his/her mobile number(s) to the Police Officer In Charge of the case and keep it operational at all times; c) in case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Police Officer In Charge of the case / Court concerned by way of an affidavit.

12. With the abovesaid directions, the petition stands disposed of.

13. Copy of the order be sent to the concerned Jail Superintendent for information and compliance.

DINESH KUMAR SHARMA, J APRIL 21, 2023