GAURAV Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Petitioner, who is a Proclaimed Offender, seeks anticipatory bail in case FIR No. 60/2024 of PS North Avenue for offences under Sec. 190/191(2)(3)/115(2)/109(1)/3(5) BNS, 2023.

(2.) Briefly stated, prosecution case is as follows. On 19/10/2024, at about 10:00 pm, the complainant Dheeraj along with Deepak and Vineet was sitting at a local restaurant/kiosk, where Ricky and Pawan met them. Ricky had suffered head injury and informed that on account of money dispute, he had a quarrel with Pawan and Anuj and in the process, he as well as Anuj suffered injuries. On this, Dheeraj, Deepak and Vineet took Ricky and Pawan for medical treatment to Dr. RML Hospital, where Ricky and Pawan refused to get their MLCs prepared. In the hospital, they also found Anuj and his companions Ankush, Karan, Sonu, Ramesh, R. Murgan, Gaurav and Rahul besides another boy taking their treatment. Seeing them, Dheeraj and his friends came out of the hospital and started waiting for the police at gate no.5. Thereafter at about 01:30am, Anuj along with his above named companions came out of the hospital and Ramesh challenged Dheeraj, after which there was exchange of hot words. The boys accompanying the petitioner Gaurav exhorted his companions to assault the other group, on which Ramesh took out a buttoned knife from his pocket, but Dheeraj caught hold of his hand. In the meanwhile, Sonu started beating Vineet and fell him down. At that moment, R. Murgan exhorted Gaurav to kill the boys of the other group, on which Gaurav with the intention to kill Dheeraj gave knife blow which fell on his armpit due to which Ramesh extricated himself and again tried to assault Vineet with knife, which blow fell on neck of Vineet. In the meanwhile, when Deepak tried to intervene, Gaurav assaulted Deepak and the knife blow fell on his arm. To save themselves, Dheeraj and his friends started throwing bricks on the other side and fled away.

(3.) In the above background, learned counsel for petitioner submits that it is a fit case to grant anticipatory bail because in the cross case registered by the police, all accused persons were released on bail after their arrest. It is also argued that since in the very first PCR call, the petitioner was not named, it shows that he has been falsely implicated. Learned counsel for petitioner also argued that the IO recorded statement of Dheeraj without obtaining fitness certificate from doctor on MLC of Dheeraj. It is further alleged that statement of Dheeraj was recorded belatedly. Learned counsel for petitioner also argued that since the injuries allegedly caused by the petitioner were found to be simple, the petitioner deserves anticipatory bail. Learned counsel also argued that it is not possible to cause lacerated wound with a knife. It is also submitted that since the knife allegedly used by the petitioner has already been recovered at the instance of co-accused Karan, there is no necessity to arrest the petitioner.