DEVENDER KUMAR Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Section 439 of the Code of Criminal Procedure praying inter alia for grant of bail in FIR No. 400/2009 lodged under Sections 302/34 IPC, registered with Police Station: Prashant Vihar, New Delhi. The complainant herein is the brother of the deceased.

(2.) A Status Report was called for from the State. The same has been filed. As per the Status Report, the undisputed facts of the case are that the deceased Sh. Virender Singh was residing at Rohini along with his family members and ran a printing press. He had a relationship with a lady named Sheela Gupta(co-accused) who was stated to be in the habit of frequently taking money from the deceased. The complainant was opposed to his brother's relationship with this lady. On the date of the crime, i.e., on 27.1.2009, when the deceased did not return home till late night, as per the complainant, he rushed to the residence of Ms. Sheela Gupta at 1AM only to find the body of his brother lying in front of House No. 5/33, Block E-1, Sector-15, Rohini. In the complaint, it was alleged that Ms. Sheela Gupta and one Yogesh Dagar were holding the legs of the deceased and the accused persons were assaulting him with fists and kicks at the instigation of Ms. Sheela Gupta. Thereafter, when a car reached the spot, the complainant ran to his house to call his brothers and when he returned at the place of occurrence, he found that the deceased had been removed to a hospital by the police, where he was declared as brought dead. Apart from Sheela Gupta and Yogesh Dagar, Jitender Soni and Sushila Chaudhary were also arrested in the case and charges were framed against them. During the course of the investigation, the complainant made a supplementary statement before the police regarding the involvement of the Petitioner herein, who thereafter absconded and proceedings had to be initiated against him under Sections 82 & 83 Code of Criminal Procedure . Subsequently, he surrendered himself before the learned MM and was arrested in the aforesaid case. A supplementary charge has been framed against the Petitioner.

(3.) Learned APP for the State submits that the charge sheet was filed and charges have been framed and out of the twenty witnesses listed by the prosecution, five public witnesses have already been examined, thus leaving the remaining formal witnesses, including medical witnesses and police officials still to be examined.