MOHIT @ ROHIT Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No.167/2024 of PS Inderpuri for offences under Sec. 109(1)/3(5) of BNS.

(2.) Briefly stated, the allegation against the accused/applicant is that he along with his co-accused Gattu stabbed the complainant de facto and fled away. As per MLC, the complainant de facto was found to have suffered a stab wound on right side of upper abdomen, left upper arm and left thigh with no active bleeding noticed. The nature of injuries was opined by the doctor as simple and complainant de facto was discharged on the same day after treatment. According to the statement of complainant de facto, in the first instance, he scolded S (a child in conflict with law) after which the matter got over and the complainant de facto returned home. Subsequently, the complainant de facto got a phone call challenging him to come out, after which when he came out, he was assaulted by the accused/applicant and his associate.

(3.) On behalf of accused/applicant, it is submitted by learned counsel that the incident even as alleged, occurred in a fit of rage and it was not a preplanned attack. It is also contended that the accused/applicant has roots in society. It is contended that since injured was discharged immediately after treatment, no purpose would be served keeping the accused/applicant in jail. It is also contended that trial has just commenced and there are 20 witnesses of prosecution, so conclusion of trial would take time.