Amarjeet Singh v. State (NCT of Delhi)

1. The present bail application has been filed by the applicant under Sections 439 of the Code of Criminal Procedure (‘Cr.P.C’) seeking grant of regular bail in FIR bearing No. 83/2021 registered at Police Station (‘PS’) Wazirabad, Delhi for offences punishable under Sections 306/34 Indian Penal Code, 1860 (‘IPC’).

2. It is the case of the prosecution that on 08.02.2021 at 11:32 pm, a PCR call was received.Upon reaching the spot and conducting preliminary investigation, it was found out that one Kamal Jeet Singh had sustained injuries and was rushed to the hospital. The complainant Ramesh Gupta (father of the deceased) was also present at the spot and it was informed that his son Sahil Gupta (deceased) had locked himself in the room after a quarrel had taken place with the present applicant. Meanwhile, at around 12:21 am, another PCR call was received wherein the son of the complainant/deceased stated that he would commit suicide. The complainant informed the police officers who were present at the spot that his son/deceased was suffering from depression and he was prescribed anti-depression medicines. Thereafter, with the intervention of the police officers complainant’s son/deceased had opened the door of his room and had stated that he had consumed heavy doses of medicines out of pressure from the applicant. Complainant’s son was rushed to the hospital immediately, on 09.02.2021 at about 9:30 am on receiving information from the hospital that Mr. Sahil Gupta had passed away. On 10.02.2021, the applicant namely Amarjeet Singh and one Kamal Jeet Singh were arrested and it was disclosed that they had a quarrel with the deceased regarding parking of their Taxi Car and they had beaten the deceased with danda (stick) &bricks, pressurizing the deceased that the applicant along with his brother would defame his father in the society. On 22.06.2022, FSL report revealed that death of the victim had occurred as a result of brain damage consequent upon receiving blunt force trauma to the head. Subsequently, supplementary charge sheet was filed against the applicant for offences punishable under Sections 304/34 of IPC.

3. Learned counsel for applicant states that the present case is a case of custodial murder since the CCTV footage placed on record reveals that the deceased was walking in best health state when the police officers took the deceased to the hospital. It is also submitted that applicant is in judicial custody since 10.02.2021.It is vehemently stated by the learned counsel for appellant that it was the applicant who made the PCR call and stated that the deceased had broken the glass of the car of applicant. It is also stated that the applicant did not abate the death of the deceased.

4. Per Contra, Learned APP for the State opposes the present application and vehemently submitted that the allegations are serious in nature. It is further stated by learned APP for the State that vide order dated 29.05.2021 learned Additional Sessions Judge, Tiz Hazari Courts, Delhi had rejected the bail application of the present applicant.

5. The rival contentions of both the sides have been considered and material on record has been perused.

6. Before going to the merits of the present case, reference can be made to the precedents laid down by the Hon’ble Apex Court in relation to grant of bail.

7. The Hon’ble Supreme Court in Ramesh Bhavan Rathod v. Vishanbhai Hirabhai Makwana (Koli) and Another, (2021) 6 SCC 230, held that: “24. The principles governing the grant of bail were reiterated by a two judge Bench in Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496: “9.... It is trite that this Court does not, normally, interfere with an order passed by the High Court granting or rejecting bail to the accused. However, it is equally incumbent upon the High Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of this Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are:

(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(ii) nature and gravity of the accusation;

(iii) severity of the punishment in the event of conviction;

(iv) danger of the accused absconding or fleeing, if released on bail;

(v) character, behaviour, means, position and standing of the accused;

(vi) likelihood of the offence being repeated;

(vii) reasonable apprehension of the witnesses being influenced; and

(viii) danger, of course, of justice being thwarted by grant of bail. …..