SHAHNAZ BEGUM Vs. STATE

JUDGEMENT

(1.) By way of this order, I shall dispose of the present petition filed under Section 439 Cr.P.C. R/W Section 482 Cr.P.C. filed on behalf of the petitioner/applicant for grant of regular bail or in the alternative interim bail for a period of 45 days in case FIR No. 23/2018 U/s 302/323/34 IPC, registered at Police Station Khyala, Delhi.

(2.) Briefly stated, the facts of the case are that on 01.02.2018, at about 8:00 p.m. complainant Yashpal Saxena received a call from his friend Sh. Gulshan on his mobile No. 7011710645 informing him that some people were fighting with his son namely Ankit Saxena (since deceased) outside Blind School. On receiving the said phone call, complainant alongwith his wife Kamlesh Saxena rushed to the spot and on reaching the spot outside the Blind School, they saw that Akbar Ali, Shahnaz (present petitioner) his son Asif Ali (JCL) and brother-in-law Md. Salim were fighting with complainant's son Ankit (since deceased). Complainant heard all of them saying "we will not leave you today". Shahnaz (present petitioner) was using filthy language and was pushing as well as beating Ankit (since deceased)

(3.) Complainant'S wife Kamlesh Saxena tried to stop Shahnaz (present petitioner) from beating her son. Shahnaz pushed the complainant's wife and started beating her. Complainant intervened to stop Shahnaz from beating his wife but since he is a heart patient, he was unable to stop the scuffle between Shahnaz and his wife. In the meantime, co-accused Akbar Ali, Md. Salim and Asif said "Hamari ghar ki ijjat ke sath khilvad karne ka natija tuje batate hain" and they surrounded Ankit (since deceased). Md. Salim held his right hand, Asif held his left hand and Akbar Ali pulled his hair and slit his throat with a knife. Ankit (since deceased) fell on the footpath and was removed to the hospital by the complainant and his wife. On the basis of the statement of the complainant recorded on the night on 01.02.2018, the present FIR was registered at PS Khyala.