SHER SINGH RAWAT Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of this application, the applicant is seeking grant of regular bail, in case arising out of FIR bearing no. 342/2022, registered on 26/8/2022, at Police Station Saket, District-South, Delhi, for the offence punishable under Sec. 302/34 of Indian Penal Code (hereafter 'IPC').

(2.) Brief facts of the present case are that the present FIR was registered on receipt of a complaint and statement of one Arun Kumar Sah (the brother of the deceased Arvind Sah). As per complaint, the deceased had been working at Concor Container Depot, Tughlakabad, Delhi, and used to return home around 11:00' 11:30 PM daily. However, on 24/8/2022, the deceased had not returned home. Despite extensive search efforts by the family, they had neither been able to trace his whereabouts nor establish contact, as his mobile phone was found to be switched off. On 25/8/2022, the complainant had received information that his brother Arvind was lying unconscious on the road opposite Mother Dairy, Pushp Vihar. He had immediately rushed him to Max Hospital, where he was declared 'brought dead". The information regarding the MLC had been received at the police station via DD No. 16A. Subsequently, on the same day, after the cremation of the deceased, the complainant had made inquiries in the locality and came to know that on the intervening night of 24/25/8/2022, the deceased had been assaulted by the present applicant Sher Singh Rawat, co-accused Ritik @ Anshul, and two other unidentified persons near Sector-4, Pushp Vihar, at the very spot where the body had later been found. Based on this information, the present FIR had been registered.

(3.) During the course of investigation, it emerged that the incident had been witnessed by several persons, including Shiv Kumar (a barber), Surender Kumar Saini (a hawker), Babu Ram Thapa (a security guard), and one Vishnu Biswas, a Swiggy delivery agent. Their statements were recorded under Sec. 161 of Cr.P.C. The witnesses Shiv Kumar and Surender Saini had informed the police that on the night of 24/8/2022, at around 10:30"11:00 PM, an altercation had broken out between the deceased and the accused persons Sher Singh and Ritik. All parties were allegedly under the influence of alcohol. The situation had escalated into a physical scuffle, which had prompted the witnesses to shut down their stalls and leave the spot. Security guard Babu Ram Thapa and Swiggy delivery boy Vishnu Biswas had further corroborated the incident. Vishnu Biswas, in particular, had informed the police that when he had gone to deliver an order near Sector-4, Pushp Vihar, he had seen two persons assaulting an individual near a barber's stall, opposite the Mother Dairy booth. He had specifically noticed that one of the assailants was elderly, and another was wearing a cap. When the victim had fallen to the ground, the older assailant (later identified as the present applicant) had initially walked towards Vishnu's bike, but had then turned back and resumed the assault. Vishnu had then removed the key from a motorcycle parked nearby, bearing registration number DL 3SEY 5759, which was later confirmed to belong to the applicant Sher Singh. He had subsequently handed over the key to the Investigating Officer (I.O.) and had also disclosed the bike number in his police statement. During further investigation, CCTV footage from the vicinity was obtained and analyzed. Based on the footage and witness statements, the remaining co-accused persons were arrested. A charge sheet had been filed after completion of investigation.