AVTAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No. 102/2023 of PS Badarpur for offence under Sec. 302/34 IPC.

(2.) Broadly speaking, prosecution case is as follows. According to the complainant de facto, near his shop, the accused/applicant, who is physically challenged and his friend Rahul were residing. On 20/2/2023 at about 10:00 pm, Rahul and the accused/applicant were quarrelling with a third person, whom the complainant de facto did not know. In the process of quarrelling, all three went in an open area behind the temple after which Rahul came back and asked the complainant de facto for a danda. On being denied, Rahul went to his jhuggi and brought a danda and went behind the temple. Thereafter, the complainant de facto saw the accused/applicant and the third unknown person bleeding from their heads and Rahul was assaulting the said third unknown person with the danda. The complainant de facto returned to his shop. After locking his shop while going back home, he saw the accused/applicant and Rahul sitting there in dark but the third person was not seen, so he went home. Next morning, he was informed by the priest of the temple about discovery of a dead body in the pit behind the temple. The complainant de facto informed the police and they apprehended Rahul and the accused/applicant from their jhuggi.

(3.) Learned counsel for accused/applicant submits that he has been falsely implicated in this case and is in jail since 21/2/2023. It is submitted that there is no reliable evidence to implicate the accused/applicant in this case. Most importantly, learned counsel for accused/applicant has taken me through Annexure P-2, which are the coloured photographs of the accused/applicant depicting him on a wheelchair being pushed by some court staff as the accused/applicant suffered amputation above knee level in both legs. It is contended on behalf of the accused/applicant that it is not possible to believe that the accused/applicant could have assaulted the deceased.