AKSHAY KANOTRA Vs. STATE

JUDGEMENT

(1.) Petitioner is in judicial custody since his arrest on 27.02.2018. He has been charged for the offences under Sections 307/328/364/379 IPC by the learned trial court in FIR No. 89/2018, registered at police station Vikas Puri, New Delhi and is facing trial for the same.

(2.) Petitioner has approached this Court seeking bail while claiming that he has been falsely implicated and no offence as alleged, is made out against him. Further ground taken is that main charge sheet as well as supplementary charge sheet in this case have been filed, which casts a doubt on the involvement of petitioner in the instant case.

(3.) The present case has been registered on the statement of injured/complainant - Rahul Malik. In his complaint, he has stated that he is working as Property Dealer and he knew petitioner/accused since his school days, who was working as Agent for purchase and sale of second hand cars. Transaction of money between the two was common and as such, he had lent Rs.7.00 Lacs to the petitioner. Further stated in the complaint that on 25.02. 2018 he received two three calls from the petitioner saying that petitioner had received amount of Rs.2.5 Lacs in his account and wanted to return to him. Since complainant /injured had to go to Green Park to collect his payment from one Panna Lal, he asked petitioner to accompany him. They both went together and on the way, petitioner offered him maaza drink, which he had bought from a pan shop and after some time, injured/complainant 's head started spinning badly and he got into semiconscious stage. Petitioner offered to drive home and asked injured/complainant to sit on conductor seat. After some time, when injured/complainant gained consciousness, he found himself in a deserted place and realized that petitioner was attacking him with a paper cutter kind knife on his neck. According to injured/complainant, he tried to handle himself but petitioner made a second attempt to strike cutter on his neck and while he tried to defend himself by putting his left hand forward, petitioner hit the cutter in his hand. Thereafter, petitioner tried to hit him on his head with a stick kept in the car but injured/complainant opened the door of the car and started running on the road. Petitioner again attempted to hit injured/complainant with a stone but he escaped and ran towards the road and asked the men standing on the road to call the police and ambulance.