SUBHASH CHAND Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition is filed under Section 438 of IPC seeking anticipatory bail in a case registered as FIR No.613/2015 under Sections 279/341/307/506/323/34 of IPC, registered at Police Station Kotla Mubarakpur, Delhi.

(2.) The present case is registered on the statement of complainant Rishi Kumar stating that on 24.05.2015, an unattended handcart was parked in front of the main gate of complainant's house, and the complainant asked his helper Mukesh to move the cart away from the gate. While moving the cart away, it hit the scooter bearing No.DDK-4467 belonging to Rohan, who was alleged to be riding rashly. He parked the scooter in the middle of the road and slapped Mukesh 10-12 times, used abusive language and threatened him that he will kill him. It is alleged further that later on, when complainant was walking in the lane, co-accused Rohan and Choti came to him and told him that their father is calling him and the complainant went alongwith them. After few minutes of walk, the complainant saw Ashok Chaudhary-father of Rohan alongwith his relatives namely Subhash, Neeraj, Sanjay accompanied with Har Gulal standing.

(3.) Mr. Ankush Narang, counsel for the petitioner contended that on a bare perusal of the MLC of the complainant, the case under Section 307 is not made out qua the petitioner and at best the case under Section 323 of IPC is made out, which is a bailable offence. It is further contended on behalf of the petitioner that the other coaccused have already been granted anticipatory bail in the present case by the Sessions Court.