UTSAV BHASIN Vs. STATE

JUDGEMENT

(1.) PRESENT is a petition for grant of anticipatory bail filed by petitioner under section 438 Cr. P. C in a case FIR No. 282/08 under Section 279/337/304-A/304 IPC registered at Police Station Lajpat Nagar, New Delhi.

(2.) THE case of the prosecution is that on 11th September, 2008 at 2. 40 AM (night intervening 10th /11th September, 2008), an information was received in the aforesaid Police Station about an accident having taken place at Lala Lajpat rai Marg. DD No. 48a was recorded in this regard and copy of the same was handed over to ASI Satyavir Singh who went to spot and found that two vehicles i. e. Car (BMW make) bearing registration No. HR-26ak-0020 and Motorcycle (Pulsar make) bearing registration No. DL 4s AW 6977 were involved in an accident. No eye witness met ASI Satyabir Singh. There he came to know that two victims had been taken to Trauma Centre, AIIMS, New Delhi. He went there but both of the victims were declared "unfit" by the doctors for making statement. Initially fir was registered under Section 279/337 IPC. Necessary formalities were done at the spot. After the death of victim Anuj on 13. 9. 2008, Section 304a IPC was added in the FIR. On 15. 9. 2008 statement of Mrigank Srivastava, the other victim, was recorded under Section 161 Cr. PC who was declared fit for making statement. Based on his statement and other evidence on record Section 304 IPC has been added in place of Section 304a IPC.

(3.) THE petitioner approached the learned ASJ for grant of anticipatory bail which was rejected vide order dated 18. 9. 2008 on the ground that the petition for cancellation of bail, moved by the father of the deceased, is pending before the High Court.