SUNNY Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present application has been filed seeking regular bail under Sec. 439 Cr.P.C. in case FIR No.609/2022 under Ss. 323/341/34, IPC, Police Station New Ashok Nagar.

(2.) Briefly stated, the facts are that a quarrel had taken place between the two parties on 10/9/2022 and injured were taken to LBS hospital by a PCR Van. In the hospital one Vimal Chand along with his wife namely Neeta were found admitted. On the MLC, the doctor had mentioned history of assault at home and the nature of injuries were under observations. In the same hospital one Rajpal and his son Sanjay were also found admitted. Since, none of the parties made any statement, the PCR call was kept pending. However, on 11/9/2022, some videos came to notice through social media wherein Vimal Chand was seen to be beaten by some persons with stick like object. SI Navdeep contacted victim Vimal Chand for his statement, who still did not make any statement saying that he was busy in his treatment. However, the Police registered an FIR No.609/2022 under Ss. 323/341/34, IPC, Police Station New Ashok Nagar. On 12/9/2022, Vimal Chand lodged a written complaint wherein he alleged that one person namely Lokesh son of late Rajendra Kumar, who is a rape accused in an FIR and where Vimal Chand/victim was the lawyer of the complainant, along with Rajpal and his brother Ajaypal and some persons were pressurizing him to withdraw the case. It was stated that on 10/9/2022 at 12:30 PM, Rajpal Ajaypal and Rajpal's two sons, Sunny and Sanjay and along with some other unknown boys entered his house and started abusing and beating him with sticks. The complainant further alleged that one of the sons of the accused Rajpal namely Sanjay was carrying an electric wire in his hand and started pressing his neck with that wire. Somehow, he managed to remove that wire from his neck. Meanwhile, his wife Neeta came to the spot and she was also beaten. It was further alleged that the accused persons took the victim on the road and gave him beatings from stick and fist blows. Thereafter the police was called. On the same day, the complainant Vimal Chand lodged another complaint where he alleged that the accused persons had used casteist remarks.

(3.) While the matter rested thus, an offence under Sec. 307 IPC was also added. The offence under Sec. 3 (1) (s), 3 (1) (u), 3 (2) (v) and 3 (2) (va) of SC/ST Act were also added. The nature of injuries was found to be grievous as the victim suffered injuries to his arms in the form of multiple fractures and is still undergoing treatment.