VIKAS DAGAR Vs. STATE

JUDGEMENT

(1.) The petitioners seek bail in anticipation of their arrest in FIR No.459/2014 which initially was registered under Section 307 and other allied sections of IPC read with Section 23 of the Prevention of Damage to Public Property Act. Later, with the death of one of the accused, Section 302 was added.

(2.) The FIR in question was lodged by a Head Constable Bhoj Raj alleging that while he was on duty on 2.8.2014, he was informed by somebody that a tempo, from which foul smell was emanating, was going somewhere. The tempo was stopped and it was found that dead carcasses of animals were kept in the tempo. The persons occupying the vehicle disclosed that they were working for the Municipal Corporation of Delhi and as part of their duty, they had picked up dead animals to be thrown at proper place. The further allegation in the first information report is that the news about the dead animals being transported was disseminated to the local villagers, whereupon many villagers came and tried to manhandle workers of the MCD. When they were prevented from indulging in such act of violence, they grew even more violent and attacked the persons occupying the vehicle with iron rods and blunt weapon. Extra police force also was requisitioned but to no avail. Some of the persons got seriously injured. Many persons were named in the aforesaid FIR including the petitioners in the aforementioned applications.

(3.) Some of the persons named in the FIR were arrested.