ALADIN @ LIP LIP Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By this petition filed under Section 439 of Cr. P.C., the petitioner seeks bail in a case registered as FIR No. 115/2014 under Section 302/395/412/482/34 of Indian Penal Code, at Police Station Vasant Kunj South, New Delhi.

(2.) The brief facts of the prosecution case are that the complainant alongwith other persons who worked for caterer, were returning on 18.01.2014 at about 1 AM from Nitish Kunj. At about 1.05 AM they reached near D Mart Hotel where a Maruti Swift Car came from their behind. Five young persons of ages between 20-25 years came out of the car and started beating them. Complainant and other people tried to save themselves and ran away in different directions including service lane. But after sometime they re-gathered. It is alleged that the accused persons came back again in the car with intention to kill them and hit all of them with moving car, which caused the injuries to two persons namely Ram Dev and Raju. It is further alleged that one of the accused persons robbed the mobile phone of one of the victims.

(3.) During investigation, it was found that the car was a stolen property belonging to one M/s. Gautam Jewellers. Upon surveillance of a robbed mobile, five accused persons were apprehended out of which two were JCL (Juveniles in conflict with law). Investigation completed, the accused persons (except JCL) were charge sheeted for the offence punishable under Section 302/395/482/34 of IPC. Trial commenced and 11 out of 55 prosecution witnesses have been examined. Petitioner was arrested in this case on 30.01.2014 and since then he is in custody. He filed bail application before the learned Additional Sessions Judge-01, Patiala House Court, New Delhi, which was rejected vide order dated 09.07.2016. Now the petitioner has filed the instant application before this court.