VISHAL BALGUER Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is an application filed under Sec. 439 Cr.PC for grant of bail in FIR No.1187/2015 registered at Police Station Hauz Khas under Ss. 302/308/201/212/34 IPC.

(2.) In brief, as per the case of the Prosecution, the FIR was registered on the complaint of Rohit Bansal, who alleged that in the intervening night of 21/22/10/2015, he along with his friends namely Vineet, Sonu, Rupesh and Monu had visited Shanghai-30 Bar and Restaurant, E-Block Market, Hauz Khas. About 12:30 AM, a quarrel took place between the complainant and accused party on the issue of dancing on the floor in the Bar which was sorted out by the bouncers. Thereafter, the complainant along with his friends left the Bar. Meanwhile, since the complainant realized that he had forgotten his mobile phone in Shanghai Bar, he along with his friends returned back and saw that the persons who had clashed with him in the Bar were standing near the Bar blocking his way. A quarrel took place in which the complainant and his friend Rupesh (deceased) were brutally assaulted by cement bricks, rod and baseball bat. Rohit Bansal suffered head injuries as mentioned in the MLC while Rupesh expired in the hospital on 26/10/2015. As per postmortem report, deceased Rupesh sustained 21 injuries and the cause of death was opined as ''Craneocerebral damage due to head injury". The case was initially registered under Ss. 307/308/34 IPC and on the death of Rupesh, Ss. 302/201/212 IPC were invoked.

(3.) It is further the case of the prosecution that during the course of investigation, Anil Kumar Yadav was identified on the basis of CCTV footage. Remaining accused namely Tarun @ Maddy, Ashish Balguer, Vishal Balguer, Vikas Balguer and Vikas @ Shammi were also arrested, who refused TIP. The CCTV footage of the incident was also collected.