VIJAY KUMAR PANDEY Vs. STATE

JUDGEMENT

(1.) By this petition the Petitioner seeks bail in case FIR No. 302/201 under Section 302/308/323/34 IPC registered at PS Seema puri. Heard learned counsel for the parties. The case of the prosecution based on this complaint of PW 2 Raj Kumar is that on 3rd August. 2011 at about 11.30 PM he was present in his house when he received a phone call from his brother Sanjeev Kumar who told that some persons have given beatings to him at Rikshaw parking near DDA Flat, Gurudwara. He came out of the house and raised alarm that his brother is being beaten by certain people and thereafter he and his neighbour Anil went near the Gurudwara where they found his brother standing on the patri. After reaching the spot his brother Sanjeev Kumar told him that the dairywalas from the dairy have given beatings to him. In the meantime Petitioner Vijay Pandey co-accuseds Inder, Raju Singh and Narender came out of the dairy armed with dandas and started beating the three of them with dandas. Though Raj Kumar managed to take Sanjeev to the hospital as they escaped from their place, however Anil fell down on receiving the injuries. Later PCR van took him to the hospital where he was declared brought dead.

(2.) All material witnesses have been examined in the case. The case of the prosecution is that the Petitioner and the co-accused beat PW 1 Sanjay Kumar, PW 2 Raj Kumar and the deceased Anil Kumar who intervened in the matter by dandas, however as per the PCR call is that injuries were inflicted by bricks and stones. I have gone through the Trial Court Record and without expressing any opinion on the merits of the case it is sufficient to note that the injuries were by danda blows. The trial is likely to take some time. In view thereof I deem it fit to grant bail to the Petitioner. It is therefore directed that the Petitioner be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the learned Trial Court.