JASHIMA KHATOON Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the instant petition under Section 439 Cr.P.C. seeking regular bail in FIR No.229/2019, dated 12.05.2019, registered at Police Station Moti Nagar, Delhi, under Sections 307/323/506/509 read with Section 34 IPC.

(2.) On a complaint from Anmol Tyagi stating that on 11/12.05.2019 his father Dhruv Raj Tyagi had taken his sister Nillika to Acharya Shri Bikshu Government Hospital, Moti Nagar, since she was not feeling well. It is stated that on the way back his sister told his father that she was teased by one Raja. The complaint States that after dropping her at home the complainant's father went to the house of Raja. It is stated in the charge- sheet that when Dhruv Raj Tyagi went to the house of Raja, Raja along with his brother Mohammad Shamse Alam @ Duggu started abusing and beating them. The complainant also reached the scene of the occurrence. It is stated that after hearing the commotion Nillika also came to the spot. It is stated that Raja caught hold of the neck of Nillika and started misbehaving with her. It is stated that the petitioner herein, Jashima Khatoon, who is the mother of Raja came down the stairs along with Guddu/son of the petitioner, Rashida Khatoon/daughter of the petitioner and Mohammad Jahangir Alam. It is stated that the petitioner and Rashida caught Nillika from behind. It is stated in the complaint that Guddu had come down with a knife and he gave it to his brother Duggu. Duggu stabbed Dhruv Raj Tyagi multiple times. It is stated that the complainant's father was taken to the RML hospital, Delhi. FIR No.229/2019, dated 12.05.2019, was registered at Police Station Moti Nagar, Delhi, for offences under Sections 307/323/506/509 read with Section 34 IPC when Dhruv Raj Tyagi passed away Section 302 was added to the FIR.

(3.) The statements of the complainant and his sister Nillika under Section 161 and 164 Cr.P.C were recorded and the charge-sheet has been filed.