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$--12 & 13 HIGH COURT OF DELHI
BAIL APPLN. 1267/2019 and Crl. M.A: 10871/2019
SACHIN GUPTA Petitioner
Through:Mr.R.M.Tufail,Mr.Equebal Nasir and Ms.Ashta,Advocates
BAIL APPLN. 1267/2019 and Crl. M.A: 10871/2019
SACHIN GUPTA Petitioner
Through:Mr.R.M.Tufail,Mr.Equebal Nasir and Ms.Ashta,Advocates
VERSUS
STATE Respondent
Through:Mr.Kewal Singh Ahuja,APP
Through:Mr.Kewal Singh Ahuja,APP
BAIL APPLN. 1269/2019 and Crl. M.A. 10873/2019
GOVIND GUPTA@GOVINDA Petitioner
Through: Mr.R.M.Tufail,Mr.Equebal Nasir and Ms.Ashta,Advocates
GOVIND GUPTA@GOVINDA Petitioner
Through: Mr.R.M.Tufail,Mr.Equebal Nasir and Ms.Ashta,Advocates
VERSUS
STATE Respondent
Through:Mr.Kewal Singh Ahuja,APP
Through:Mr.Kewal Singh Ahuja,APP
CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
24.05.2019 Status report filed which is taken on the file of the first captioned petition,both having arisen out ofthe same case.
The two petitioners herein alongwith one Dipti @ Karan are facing trial on the charge for offence under Section 302 read with
Section 34IPG,on the basis ofthe evidence presented with the report
(charge-sheet)under Section 173 ofthe Code ofCriminal Procedure, 1973 upon conclusion of investigation into first information report no.32/2018 ofpolice station Preet Vihar. The case is presently atthe
24.05.2019 Status report filed which is taken on the file of the first captioned petition,both having arisen out ofthe same case.
The two petitioners herein alongwith one Dipti @ Karan are facing trial on the charge for offence under Section 302 read with
Section 34IPG,on the basis ofthe evidence presented with the report
(charge-sheet)under Section 173 ofthe Code ofCriminal Procedure, 1973 upon conclusion of investigation into first information report no.32/2018 ofpolice station Preet Vihar. The case is presently atthe
BAIL APPLN.1267/2019& 1269/2019 page 1 of3
2019:DHC:7305 V \, stage of prosecution evidence, the first informant (eye witness)
Deepak Kumar having already been examined (as PW-1). The incident is stated to have occurred on the premises ofKamal Dhaba with which both the petitioners and the said co-accused Dipti @
Karan are connected. It appears PW-1 and Pawan (deceased) had gone to the said establishment for taking food in the afternoon of
11.03.2018. It further appears that quarrel took place over quality of food which was served, Dipti @ Karan, at the counter, upon being questioned having felt infuriated, he statedly being joined by two petitioners,all the three being brothers. It is clear fi-om the deposition of PW-1 that though all the three accused including the two petitioners hadjoined in roughing up Pawan and Deepak(PW-1),it is
Dipti Karan who had gone ahead to bring a metallic ladle {karchi) which was used as a weapon to hit the deceased Pawan several times, its handle having got broken, the remaining portion having been forcefully inserted into the lower back portion ofthe body ofPawan, injury consequently caused having eventually resulted in death.
The role of the petitioners, primafacie, is materially distinct from the one attributed to co-accused Dipti @Karan. In the above facts and circumstances, without expressing any opinion on the charge which is brought against the petitioners, the petitions are allowed. The case for release ofthe petitioners on bail is made out.
Granted accordingly,subjectto the following conditions:-
(i). The petitioners shall furnish personal bond in the sum of
Rs.25,000/- each with one surety in like amountto the satisfaction of
2019:DHC:7305 V \, stage of prosecution evidence, the first informant (eye witness)
Deepak Kumar having already been examined (as PW-1). The incident is stated to have occurred on the premises ofKamal Dhaba with which both the petitioners and the said co-accused Dipti @
Karan are connected. It appears PW-1 and Pawan (deceased) had gone to the said establishment for taking food in the afternoon of
11.03.2018. It further appears that quarrel took place over quality of food which was served, Dipti @ Karan, at the counter, upon being questioned having felt infuriated, he statedly being joined by two petitioners,all the three being brothers. It is clear fi-om the deposition of PW-1 that though all the three accused including the two petitioners hadjoined in roughing up Pawan and Deepak(PW-1),it is
Dipti Karan who had gone ahead to bring a metallic ladle {karchi) which was used as a weapon to hit the deceased Pawan several times, its handle having got broken, the remaining portion having been forcefully inserted into the lower back portion ofthe body ofPawan, injury consequently caused having eventually resulted in death.
The role of the petitioners, primafacie, is materially distinct from the one attributed to co-accused Dipti @Karan. In the above facts and circumstances, without expressing any opinion on the charge which is brought against the petitioners, the petitions are allowed. The case for release ofthe petitioners on bail is made out.
Granted accordingly,subjectto the following conditions:-
(i). The petitioners shall furnish personal bond in the sum of
Rs.25,000/- each with one surety in like amountto the satisfaction of
BAIL APPLN.1267/2019& 1269/2019 page 2of3
<' ■ y the trial court.
(ii). Prior to their release,they shall give the telephone numbers of themselves and of at least one other responsible family member besides that ofthe surety to the trial court.
(iii). They shall scrupulously appear at each and every stage ofthe proceedings before the trial court so as notto cause any obstruction or delay to its progress.
(iv). They shall not engage in any criminal activity;
(v). They shall not directly or indirectly make any inducement, thureat or promise to any person acquainted with the facts ofthe case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;and
(vi). They shall not leave India without the prior permission ofthe court of cognizance or the trial court, as the case may be, and to ensure due compliance with this condition and shall deposit their passport,ifthey hold one,with the said court.
The bail applications and the applications filed therewith are disposed ofin these terms.
A copy ofthis order shall be transmitted to the jail authorities and to the trial court.
Dasti under the signatures ofthe Court Master.
K GA A
R
MAY 24,2019 yg
<' ■ y the trial court.
(ii). Prior to their release,they shall give the telephone numbers of themselves and of at least one other responsible family member besides that ofthe surety to the trial court.
(iii). They shall scrupulously appear at each and every stage ofthe proceedings before the trial court so as notto cause any obstruction or delay to its progress.
(iv). They shall not engage in any criminal activity;
(v). They shall not directly or indirectly make any inducement, thureat or promise to any person acquainted with the facts ofthe case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;and
(vi). They shall not leave India without the prior permission ofthe court of cognizance or the trial court, as the case may be, and to ensure due compliance with this condition and shall deposit their passport,ifthey hold one,with the said court.
The bail applications and the applications filed therewith are disposed ofin these terms.
A copy ofthis order shall be transmitted to the jail authorities and to the trial court.
Dasti under the signatures ofthe Court Master.
K GA A
R
MAY 24,2019 yg
BAIL APPLN.1267/2019& 1269/2019 page 3 of3
JUDGMENT