SANJAY MORE Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed under Sec. 482 read with Sec. 167(2) of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.'), challenging the Order dtd. 6/12/2023 passed by the learned Additional Sessions Judge-05, West, Tis Hazari Courts, Delhi in Criminal Revision Petition, being Crl. Rev. No. 642/2023, titled Sanjay More v. State, and praying for release of the petitioner on Statutory Bail in FIR No. 380/2023 registered at Police Station: Kirti Nagar, New Delhi under Ss. 304/34 of the Indian Penal Code, 1860 (in short, 'IPC').

(2.) The above FIR has been registered on a complaint received from the father of the deceased stating that the deceased, aged around 23 years, was unemployed and was also a drug addict. On the day of the incident at around 3.00 AM, he went out of the house. He came back at around 6.30 AM, completely wounded, with blood oozing from his head and nose. He had other injury marks on other parts of his body as well. There was also something like black paint on some parts of his body. Upon enquiry, the deceased told to the complainant that he was roaming around the plot No.52/53 Furniture block when some persons there mistook him to be a thief, and caught hold of him and started beating him with sticks (dandas), legs and fists. They also put something like black paint on him. The complainant took his son to a local clinic for medicines, however, as the medicines did not work and his condition deteriorated, he was taken to Ashray Clinic, Kirti Nagar, Kamla Nehru Camp, where the doctor advised him to immediately rush the deceased to the Safdarjung Hospital. On the way to the Safdarjung Hospital, unfortunately the deceased died.

(3.) Based on the above complaint, the petitioner was arrested on 27/8/2023.