VAIBHAV KUMAR Vs. STATE

JUDGEMENT

(1.) By way of this bail application preferred under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter 'BNSS'], the applicant seeks grant of regular bail in case arising out of FIR bearing no. 1525/2014, registered at the Police Station (P.S.) Rajouri Garden, Delhi, for offences punishable under Ss. 326A/392/394/397/120B/411/34 of the Indian Penal Code, 1860 [hereafter 'IPC'].

(2.) Briefly stated, the facts of the present case are that on 23/12/2014, a PCR call was received vide DD No. 30B whereby it was informed that an acid attack had taken place in main market of Rajouri Garden, after which, the concerned police official had reached the spot and had found one scooty parked there on which some droplets of chemical were found. In the meanwhile, another information was received vide DD No. 33B that the victim Dr. 'A' had been admitted at ESI Hospital, Basai Darapur, Delhi, as she had sustained serious injuries on her face and eye due to acid being thrown at her. Thereafter, the victim was referred to AIIMS Hospital, Delhi for further treatment. Accordingly, the investigating officer had reached the hospital and recorded the statement of the victim/complainant Dr. 'A' who had stated that on the day of incident i.e. 23/12/2014 when she was going to Hospital 'H' where she was working as a Senior Resident Doctor, at about 09:20 AM, when she had reached Main Market, Rajouri Garden, two persons on a motorcycle had snatched her brown colour bag and one of the persons riding the motorcycle had thrown a chemical on her face which had affected her right eye, face and right hand. It was stated that immediately thereafter, she had started feeling burning sensation and when she had started to scream loudly, both the attackers had fled from the spot alongwith her bag. Thereafter, the police had visited the spot again, and had found chemical drops lying on the handle and head lights of the scooty and also on the seat of the scooty and on the ground, which were picked up with the help of the crime team. On the basis of the statement of victim, inspection of the spot and MLC of the victim, the present FIR was registered under Ss. 394/326A/34 of IPC.

(3.) The first bail application, Bail Appln. No. 1514/2017, was dismissed by this Court by way of order dtd. 4/8/2017. Subsequently, the applicant had moved another bail application before this Court, i.e. Bail Appln. No. 420/2023, which was later withdrawn vide order dtd. 20/3/2023. Thereafter, the applicant had preferred a third bail application, Bail Appln. No. 2527/2023, which was also dismissed by this Court vide judgment dtd. 4/9/2023, alongwith a direction to the learned Trial Court to conclude the trial within a period of four months. The said observation reads as under: