SATPAL Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner/accused seeks his release on bail under Section 439 Cr.P.C in a case FIR No.33/2006 under Section 308/302/147/148/ 149/506/120-B IPC PS R.K. Puram, New Delhi.

(2.) Material facts relevant for decision of instant petition are thus : On 17th January, 2006 on an information regarding a quarrel at Moti Lal Nehru College being received at Police Post Nanakpura the police reached the spot but by that time the injured Som Veer had already been removed to Safdarjung Hospital. The police officer concerned reached the Safdarjung Hospital but since Som Veer, injured was declared by the doctor concerned as unfit to make a statement and no eye witness of incident was available, on the basis of a report by the police officer concerned a case FIR No.33/2006 under Section 308 IPC was registered. Pursuant to registration of FIR another police officer, who was entrusted with investigation, went to the hospital where he met another injured namely Jitender Kumar Shokeen. He recorded his statement. Injured Jitender Kumar Shokeen was one of the students of Moti Lal Nehru College. He told that in the last local college elections which was contested by him as well as one Prashant, he and Prashant had won the election while the petitioner, who was one of the rival candidates, had lost. Jitender Kumar Shokeen and Prashant belonged to a group of students known as Najafgarh group while the petitioner was from another group called as Bharthal group. On account of his defeat in the election, it is alleged, the petitioner and his co- accused associated with Bharthal group had turned hostile to Jitender Kumar Shokeen and his supporters of Najafgarh group.

(3.) On 12th January, 2006 a quarrel took place between some of the students belonging to the said groups which aggravated the hostility between the two groups.