SUMIT @ KALA Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 439 of the Criminal Procedure Code, 1973 (hereinafter referred as the 'Cr P C) for regular bail in FIR No.392/2019 registered at police station Bawana, Delhi for the offences punishable under Section 304/506/34 Indian Penal Code, 1860 (hereinafter referred as the 'IPC) to the petitioner/applicant.

(2.) Primarily, the learned senior counsel for the applicant urges the two of the co-accused namely Vikas and Parveen have since been granted bail in this case, hence parity is sought qua accused Sumit.

(3.) The facts alleged are in the intervening night of 08th and 09th of August, 2019 at about 12.30 " 01.00 AM, a loud voice was coming from in front of the house of complainant-Bijender. His brother Jaipal Singh informed him about a quarrel outside, with their brother Anil. He along with his brother and father came in the Gali and saw Pawan and one of his associate, i.e. accused Sumit were beating Anil and were giving fist blows on the chest of Anil. Then Pawan and his friend took out a revolver from their vehicle and threatened them. He and his brother requested Pawan and Sumit with folded hands, but they went on giving filthy abuses and even called their associates namely Vikas and Parveen on phone. As they all were abusing, extending threats, the complainant requested them Anil is medically not well and would not be able to bear the beatings, but they continued abusing and threats. As the people from the locality started pouring in, the accused person left the spot. After some time, injured Anil " brother of the complainant had some chest pain and was taken to MV Hospital, Pooth Khurd from where he was referred to Baba Saheb Ambedkar Hospital, Rohini, Delhi and then to Saroj Hospital where he was declared brought dead.