RAJAN Vs. STATE

JUDGEMENT

(1.) By this petition filed under Sec. 439 read with Sec. 482 of Cr. P.C., the petitioner is seeking bail in a case registered vide FIR No. 806/2016 under Sec. 307/34 of IPC, at Police Station Mukherjee Nagar, Delhi.

(2.) The present case is registered on the complaint of Ms. Kranti Verma, who informed that on 28.08.2016, her elder brother Ram Kishan, after taking dinner at about 11.30 PM went into Gali for a walk. When he reached at the corner of the Gali, she heard the voice of her brother and when she went to her brother, she saw that three boys i.e., one Aashu, brother of Ashu (son of Kanwarpal), and one other person, whose names were not recalled by the complainant, were quarrelling with her brother. Out of the three accused, Aashu had caught hold of her brother and gave fist blow on his face and Kanwarpal's son gave Ustra blow on his waist thrice. She tried to save her brother but she was attacked by them, but somehow she escaped. Upon raising alarm, all the three accused fled away from the spot. She called at 100 (PCR) and thereafter took her brother Ram Kishan to HRH Hospital.

(3.) Case was registered under Sec. 307/34 of IPC, petitioner was arrested and after completion of the investigation charge sheet was filed before the court of learned Additional Sessions Judge. The petitioner filed an application for seeking bail, which was dismissed vide order dated 01.12.2016 by learned Additional Sessions Judge, while observing that the evidence in the case is yet to be recorded and the petitioner may threaten the witnesses, if he is released on bail. Hence, the petitioner has filed the instant bail application before this court.