IMRAN Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The present application has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973 for the grant of bail in FIR No. 609/2016 under Section 384/308/34 of IPC, Police Station Amar Colony, New Delhi.

(2.) In a nutshell, the FIR of this case was registered at the instance of Muzammil, who stated in his complaint that on 10.10.2016 at about

(3.) 15 AM, the petitioner alongwith his two brothers and father came to his stall and demanded Rs.5,000/-. The petitioner alongwith his brothers and father, had assaulted him to extort money from him. They demanded monthly money from him for running his shop inside the Okhla Sabzi Mandi, Delhi and when he refused, then on the instigation of his father to kill him, all the brothers started beating the complainant. The petitioner - Imran alleged to have hit the complainant with stick on his head and his brothers were alleged to have beaten the complainant with iron rod and danda. Shahrukh was alleged to have hit the complainant with iron rod on his head and Salman also assaulted the complainant and ran behind the brother of the complainant with knife to kill him. The complainant sustained multiple head injuries and admitted in AIIMS Trauma Centre for treatment. On the statement of the complainant the present case was registered. 3. During investigation, accused Salman was arrested on 11.10.2016. After interrogation, he admitted his involvement in the offence alongwith his associates. Another accused Shahrukh was also arrested on 12.10.2016. The petitioner - Imran had applied for anticipatory bail, which was dismissed vide order dated 27.10.2016, passed by learned Additional Sessions Judge, Saket Court, New Delhi thereafter, he surrendered before the Court on 15.11.2016. Weapon of offence i.e., danda/stick were recovered from him.