SATISH KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Section 439, Cr.P.C. for grant of bail in the case FIR No. 216/2002, under Sections 323/302/34, IPC, P.S. Alipur.

(2.) Prosecution allegations in brief are that on 21.6.2002 at about 8.30 p.m. Krishan Kumar, Ramesh and Mukesh, after working in their fields, were returning home on their tractor; they were stopped by petitioner, who was armed with Lathis, his brother Sudhir, who was armed with Jeli and Anil, they were assaulted for having damaged the boundary of their field. They received injuries and were removed to Hospital where Ramesh died. Learned Counsel for petitioner submits that after investigation, challan has been filed; and petitioner himself remained admitted in the Hospital for more than two weeks on account of injuries suffered by him. Learned Counsel argued that another case vide FIR No. 217/2002 was registered against the complainant party and charge under Section 307, IPC has been framed against them; and both the matters are pending trial before the same Court. Learned APP for State did not contest the fact that a case vide FIR No. 217/ 2002 was registered against the complainant party, Krishan Kumar, Mukesh and Arjun Singh; and after investigation, challan was filed and charge under Section 307, IPC has been framed. He, however, submits that petitioner is resident of the same village and if released on bail, there is great apprehension of the petitioner misusing the liberty; and there may be another incident between the parties as they are neighbours. At this stage, Mr. I.U. Khan, learned Counsel appearing on behalf of petitioner, on instructions, submits that petitioner is ready and willing to abide by the condition that petitioner will not visit the area of P.S. Alipur pending final disposal of the case.

(3.) In the facts and circumstances of the case, petitioner is ordered to be released on bail, on his furnishing a personal bond in the sum of Rs. 15,000/- with one surety in the like amount to the satisfaction of the Trial Court, subject to condition that he shall not visit the area of P.S. Alipur pending final disposal of the case except with prior permission of the Trial Court. Petition stands disposed of. Dasti. Petition disposed of.