VIJAY @ BHURI Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in FIR No. 188/2019 under Ss. 302/34 IPC registered at Police Station Vivek Vihar, Delhi.

(2.) In brief the facts of the case are that a PCR call vide DD No. 48A was received on 19/5/2019 at 11.20 PM at P.S. Vivek Vihar from Max Hospital, Parparganj regarding death of Sh. Rajkumar S/o Sh. Laxman Dass R/o 28/88 Kasturba Nagar, Delhi. The I.O, ASI Devidarshan reached the hospital and collected the MLC No. 9115/2019, time 10.10 PM with alleged history of "Pt. was brought dead to ER, alleged history of assault near Jhilmil area. Pt. was hit by someone as per history given by attendant then patient came back home and then took scooty and went out and then fell down from scooty. He suddenly collapsed and was unresponsive since then." Three injury marks were present on deceased's chin, left cheek and chest. The daughter of deceased Ms. Rajni Bal met the I.O in hospital and she alleged that his father had gone for evening walk after having dinner but he returned and told her that he was standing outside Dr. Verma's clinic in Kasturba Nagar where accused Vijay @ Bhuri (petitioner herein) and his associates gave beatings to him with fists and blows and also, hit him with scissors. It is alleged that Vijay @ bhuri stated that this policeman complaints against him so he would kill him. Thereafter, when Rajkumar and Rajni were going to hospital on scooty, Rajkumar fell down, so Rajni took him to Max Hospital, where he expired before the treatment. Later on, the instant case was registered vide FIR No. 188/19 dtd. 20/5/2019, under Ss. 302/34 IPC at P.S Vivek Vihar. The statement under Sec. 161 Cr.P.C of Rajni Bala was recorded on 20/5/2019, wherein she stated that when her father returned home after the incident, he told her that the accused persons Vijay @ Bhuri and Vinod @ Pahari had beaten him with fist-blows and accused Vijay @ Bhuri also attacked him with scissors.

(3.) I have heard the learned counsel for the petitioner and the learned APP for the State and perused the status report filed by the state.