SOURAV KUMAR Vs. STATE

JUDGEMENT

(1.) By way of the present petition filed under Section 438 of the Criminal Procedure Code,1973 (hereinafter referred as 'Cr.P.C.') the petitioner seeks grant of anticipatory bail in respect of FIR No. 400/2017, under Section 323/341/365/394/34 of the Indian Penal Code, 1860 (hereinafter referred as 'IPC'), registered by P.S. Jaitpur, New-Delhi.

(2.) Briefly stated the facts of the case are that the complaint was lodged by one Tinkoo aged 17 ½ years alleging that on 01.08.2017 at about 6.30 pm, when he was returning on his scooty bearing registration No. DL-3SDE-5240 from his Uncle's shop, he was stopped by two boys near the Lalu Kothi. They demanded money and took Rs. 200 from him. They also demanded mobile from him but he refused to give them his mobile phone. On this, they slapped him and made him sit in the middle of the same scooty and one of them kept the knife on his back and took him at the back of the Baraat Ghar ground near Tent School where Sourav, Jeetu and Bhola Jaat were already present. Sourav was holding a punch in his hand and hit the complainant with the punch whereas Bhola Jaat was holding knife and hit the Complainant on his head. Jeetu and other boys hit him with blows and fits. People gathered at the spot after hearing his screams after which they ran away. The case was registered against the petitioner under Section 365/323/341/34 IPC. Hence, the present petition.

(3.) Mr. A. K. Mishra , the learned counsel for the petitioner contended that the present FIR filed against the petitioner is false and fabricated; that the complainant was pressurising and threatening the petitioner to introduce him to the girl named Sapna and on refusal to do so, he lodged the false complaint against the petitioner; that the complainant has been calling on mobile of the petitioner and even threatened him through messages, before the present case was lodged; that the doctors opined the injury as simple which cannot be said to be inflicted by a Punch or Knife; the petitioner is pursuing his B.A 3rd year from DAV Centenary College; that except the offence under Section 365 IPC, the other offences are bailable in nature; that the FIR was registered on the next day of the incident; that no custodial interrogation is required as nothing has been recovered at his instance.