IQRAR AHMED Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a second Regular Bail Application under Sec. 439 of Code of Criminal Procedure, 1973 (Cr.PC) filed by the Petitioner seeking a grant of bail in FIR No. 693/2022 under Ss. 308, 302, 202, 212 and 34 of the Indian Penal Code, 1860 (IPC) [hereinafter referred to as 'Subject FIR'] registered at the Police Station Ranjit Nagar. Vide Order dtd. 18/1/2024, the learned Additional Sessions Judge (NDPS), West District, Tis Hazari Courts, Delhi (Trial Court) dismissed the bail application filed on behalf of the Petitioner.

(2.) The succinct facts of the case are such that the subject FIR was registered on account of a quarrel that broke-out in the midnight of 12/13/10/2022 amongst two group of persons; the accused persons; Adnan, Huzaifa and Akdas, and the deceased (Nitesh) and his friends (Alok Dubey and Monty) over hurling of abuses and blowing of horn of the motorcycle by the accused persons near Chawla Bakery, Mandir Wali Gali, Ranjit Nagar, Delhi, after which the accused persons also called some other friends [Hamza and Afzal (Petitioner)], who are also the co-accused in the case. The accused persons, including the Petitioner, are alleged to have beaten the deceased and his friends with bricks and stones.

(3.) On the intervening night, the Police reached the spot of incident and were informed that deceased Nitesh and Alok Dubey had been admitted for treatment in RML Hospital. However, Alok Dubey, reportedly left the hospital to seek treatment in a different hospital. Their statements were recorded under Sec. 161 of the Cr.PC. On 16/10/2022, ASI Sukhvir Singh was informed that the deceased Nitesh succumbed to his injuries and died while undergoing treatment at the Safdarjung Hospital. Consequent thereto, an offence under Sec. 302 of IPC was added and the investigation was transferred to the present Investigating Officer (IO) of the case.