RAJESH @ KALA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in FIR No.294/2014 under Sections 323/341/304/427/34 of the Indian Penal Code registered at Police Station Vijay Vihar.

(2.) The allegations levelled against the petitioner are that on 15th March, 2014, an information vide D.D. No.116B was received at Police Station Vijay Vihar regarding quarrel at Shamshan Ghat Road, Gopal Vihar Phase 2, Delhi. The police reached at Shamshan Ghat Road but nobody was present there and the DD entry was kept pending. On 16th March, 2014, an information vide DD No.16 A was received at Police Station Vijay Vihar from Braham Shakti Hospital, Budh Vihar with regard to the admission of Mr.Jai Narayan and his son namely Samunder @ Sonu. The MLCs of both the injured were collected on which the doctor mentioned that the injured were having injuries on their person caused by physical assault.

(3.) During inquiry, statement of Mr.Samunder @ Sonu was recorded in which he alleged that on 15th March, 2014 at around 9:00 p.m., when he was going towards his house, he saw that Denny, Sunny and Rajesh, who happened to be real brothers, were quarrelling on the Kohlu of Abdul at Gopal Vihar with Abdul. Samunder @ Sonu enquired the reasons of quarrel from Abdul, when he came to know that Denny, Sunny and Rajesh had taken sugarcane juice from him but they were not making the payment for the same. Samunder asked all of them to make payment to Abdul upon which all of three started beating him. On hearing the noise, Mr.Jai Narayan, the father of the Samunder came there and tried to pacify the matter. In the meantime, Denny picked a stone from the roadside and hit the same on the head of Jai Narayan.