RAM NATH Vs. STATE

JUDGEMENT

(1.) By this application under Sections 439 read with section 482 Cr. P.C., petitioner is seeking bail in case FIR No 125/03 under Sections 302/34 IPC, P.S. Chandni Mahal, Delhi.

(2.) Prosecution allegations are that on 9.6.2003 petitioner's wife (Raj Kumari) lodged a report that deceased (Kailasdh, Sri Krishna & Om Parkash), who are the bad characters of the area, had been demanding money to enable them to do constructions and to repair their house, where they were living. This was recorded vide DD No. 20A. There was a dispute at about 10.28 pm and information regarding a quarrel at petitioner's house, police reached the spot where deceased Kailash, Sri Krishna & Om Parkash were found injured in the critical condition. Petitioner as well as his two sons (Deepak & Vipin) were also found having received injuries. They were removed to the hospital. On the statement made by one Suresh, case was registered. After investigations, challan has been filed; petitioner was arrested and the matter is pending trial.

(3.) Learned counsel for the petitioner submits that the only eye-witness of the incident (Suresh) was examined in the trial court on 27 5.2005, he has not supported the prosecution and has turned hostile. Learned counsel submits that there is no other evidence against petitioner, therefore he is entitled to be released on bail.