VIVEK GAUR Vs. NARESH KUMAR KAROTIA

JUDGEMENT

(1.) This is a petition, filed under section 482 read with Section 439(2) Cr.P.C. for setting aside the order dated 01.08.2011 passed by the learned Additional Sessions judge, Dwarka Courts, New Delhi regarding granting of anticipatory bail to the respondents.

(2.) Briefly stated, the facts of the case are that a case FIR No. 30/2010, under section 302/307/34/147/ 148/323/325 IPC read with section 25/27 of the Arms Act was registered at P.S. Dabri, New Delhi, on the statement of Sh. Vivek Gaur, s/o Sh. Virender Kumar Sharma, R/o C-25, New Krishna Park, Vikas Puri. He had stated that he, along with his family, has been residing at the above given address and is running a factory of manufacturing scooter parts at Khasra No. 38, Village Dabri, New Delhi. On 2.4.01.2010, at about 9.30/10 am Haryana Police came to Dabri, Delhi in connection with the investigation of case FIR No. 2/2010, under section 380/342/147/148/448/506/511 IPC, registered by PS Manesar, District Gurgaon, Haryana, at the instance of one Sameer Gaur s/o Late Sh. R.K. Naseem. The Haryana Police had apprehended three accused persons from the factory of one Vinod Sharma, uncle of the complainant, which was also located in the same Khasra No. 38, Dabri Village, New Delhi. At about 11 am, Vinod Sharma, his son Aman Gaur, the present petitioner and his driver Amrit Lal came to the spot. Neeraj, Rahul, Naresh Karotia, Sunita w/o Ram Mehar Singh, who were employees of Vinod Sharma also came to the spot. Thereafter, it is alleged that Vinod Sharma, his son Aman Gaur, the present petitioner and his workers created riotous situation. Sunita w/o Ram Mehar Singh and another worker of Vinod Sharma Laxman brought lathis (big sticks) from inside the factory. Sh. R.K. Naseem, a noted lawyer, who is the uncle (Phoofaji) of the complainant had also come there and he had tried to pacify both the parties. It is alleged that when Sh. R.K. Naseem stood at one side, facing the factory of Vinod Sharma with his back, Vinod Sharma took a lathi (a wooden plank) and hit it on the head of Sh. R.K. Naseem from the back, with an intention to kill him. As a consequence of this, Sh. R.K. Naseem fell down and became unconscious. Aman Gaur, the present petitioner, is alleged to have taken out a revolver and fired three rounds with an intention to kill Sh. Raji v. Gaur and others but there was a narrow escape and nobody got injured. It is alleged that Aman Gaur threatened to kill while firing towards Sh. Rajiv Gaur and others. It is alleged that Neeraj, Ramesh Raghav, Kailash Khati, Naresh Karotia, Rahul and Amrit Lal belonging to the group of Vinod Sharma attacked the complainant's brothers, namely, Sunny and Monty with the help of sticks (danda) and fists.

(3.) On the basis of the aforesaid information, the FIR was registered. Sh. R.K. Naseem was admitted to the hospital, where he succumbed to his injuries after a few days without gaining consciousness. The offence of section 302 was subsequently added to the FIR.