CCL S. Vs. STATE

JUDGEMENT

(1.) By this petition, the petitioner seeks regular bail in FIR No.113/2018 under Ss. 302/34 IPC registered at PS Old Delhi Railway Station. The petitioner was at the time of the arrest on 13/12/2018 aged 16 years and, therefore, has been arrayed as a CCL. Till date, the period undergone by the petitioner is approximately 3 years 1 month. The charge-sheet in the FIR has been filed and the trial is underway with 4 witnesses having been examined and cross-examined while the balance 33 odd witnesses are still to be examined.

(2.) The learned counsel for the petitioner contends in support of the bail petition that the petitioner was only about 16 years at the time of the alleged incident and is now aged about 20 years having old age parents. His father is a handicapped person and lives a life in penury. As per the case of the prosecution, a DD Entry No.44PP dtd. 16/9/2018 was received noting that there was a body found on Vivek Vihar Railway Station. The investigation team went to the spot and found a male body cut in two pieces with blood lying and the crime team also came and collected exhibits from the spot. The body was sent to the mortuary as unknown but on the next day one Sajiya identified the body as Samad aged 19 years as her brother.

(3.) As per the post mortem, the doctor opined the cause of death as hemorrhagic shock as a result of ante mortem injuries produced by a sharp edged weapon. Based upon a secret informer, the accused Deepu Kumar was arrested on 11/12/2018 aged 22 years who disclosed that about 2-3 months back he alongwith his friend Pradeep, juvenile "S" and juvenile "R" were consuming liquor near Vivek Vihar Railway Station. Juvenile R had a big knife (chapat) with him and at about 12:00 midnight Deepu came and told him that he had snatched a mobile from a boy standing at the gate of a train and when they saw towards the direction they saw the boy saying something while pointing towards them. At about 2:00 a.m. this young person came to them and started arguing saying one of you has snatched a mobile and argument resulted. Thereupon, Deepu caught hold of his left hand, Pradeep caught hold of his right hand, juvenile "S" also caught hold of him and juvenile "R" assaulted him with the chapat whereupon he failed down and died and they took away his purse, watch and bag with them and put the body on the railway track to show it as an accident. Upon these disclosures, as per the prosecution, co-accused Pradeep and CCL "S" and "R" were apprehended. The tiffin box of the deceased was allegedly recovered from the house of CCL "S".