CHARAN SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) First Bail Application under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.')/Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Applicant, Charan Singh @ Babli, for grant of Regular Bail in FIR No. 228/2018 under Sec. 307/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') read with Sec. 27/54/59 of the Arms Act, 1959 registered at Police Station Sangam Vihar.

(2.) It is submitted that the Applicant, Charan Singh is languishing in judicial custody for more than 04 years and till date, only 09 witnesses out of 40 witnesses, have been examined. There are 11 accused persons including one juvenile, out of which 08 accused persons have been granted Regular Bail by the learned Trial Court. All the eye-witnesses have already been examined and there is no apprehension of influencing the witnesses. Furthermore, there is no threat perception to any of the witnesses. The Applicant had been released on Interim Bail earlier during Covid period, but nothing adverse was reported against him.

(3.) It is submitted that the FIR was registered on 15/6/2018, on the Complaint of Sh. Manish/PW-2 alleging that on 14/6/2018 at around 8:00 p.m., he had gone to get water from Government pipeline from outside the house of the Applicant, when he started beating the Complainant. Sh. Krishan, father of the Complainant and Sh. Chahat, his Uncle, came to intervene and all of them returned to their house. Thereafter, the Applicant along with his brother, Gagan, Kannu and father, Sh. Rampat, cousins, Billu and Jaswar, came and started throwing bricks and stones upon the Complainant and his family members. It was further alleged that Rampat hit Suman with stone on foot, Gagan hit the Complainant on his head with stone and the Applicant took out the pistol and fired upon the Complainant, which hit him on his hand. Thereafter, the Applicant called Atwa, to whom he handed over the Pistol who opened fire on Krishan, which hit him on his chest, while other accused persons were beating and pelting stones on the Complainant and his family members. Thereafter, Krishan was taken to hospital and he died.