SAURABH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No. 514/2023 of PS Jaitpur for offence under Sec. 302/34 IPC.

(2.) Broadly speaking, the prosecution case is as follows. In his FIR statement, Arjun, friend of the deceased Ravi stated that on 11/12/2023, three-four boys started beating up Ravi, so Ravi tried to flee, but those boys stopped him and assaulted him with fists and kicks. In the FIR, Arjun stated that he knew two of the assailants as Monu and Prince, and that he could identify the assailants if brought before him. The injured Ravi succumbed to his injuries on 15/12/2023 in the hospital. The identity of the assailants was tried to be established by police on the basis of their identification from CCTV footage.

(3.) On behalf of accused/applicant Saurabh, it is contended that he is innocent and has been falsely implicated. It is submitted by learned counsel for accused/applicant that there is no legally admissible evidence on the basis whereof the accused/applicant is being prosecuted. It is contended by learned counsel that in the CCTV footage, face of the assailant is not at all visible. Further, it is contended that although in the FIR, the allegation was that the deceased was assaulted by 3 - 4 boys with fists and kicks, but the CCTV footage depicts only one boy assaulting a person with danda. It is contended that the accused/applicant is in custody since 13/12/2023 and he is a young man of 25 years of age, with no antecedents. Further, it is pointed out by learned counsel for accused/applicant that the IO examined only two persons as eye witnesses, but both of them turned hostile to prosecution.