PRAVEEN KUMAR Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of the bail application filed on behalf of the petitioner who is facing trial in Sessions Case No. 249/2006 arising out of fir No. 803/2002 under Sections 302/34/120-B IPC and 25/27 of the Arms act registered at Police Station Sultan Puri, Delhi.

(2.) THE FIR in question was registered on the basis of statement of PW-1 baljeet Singh, who in his statement made before the trial court has deposed that on 7. 7. 2002 at about 8 pm he was sitting in the house of his nephew, rajesh, along with him. At that time Rajesh told him that he wanted to go to Bus Terminal Sultanpuri to take account of cash from his driver there. He accompanied his nephew, Rajesh, to the bus terminal. When they reached the said bus terminal and were waiting for the driver of Rajesh, they noticed that one boy was giving beating to a poor man. Rajesh intervened and asked why he was so mercilessly beating a poor man. On this the said boy became infuriated and said that he would first set Rajesh right. After this, the said boy went inside the bus terminal and returned with two other boys. They then caught hold of Rajesh and one of those boys attacked Rajesh with a bottle and as a result Rajesh started bleeding from his head and started bending down towards the earth. Thereafter, the third boy took out knife from his pocket and hit Rajesh on the left side of his chest. Thereafter, those boys ran away from the spot with the knife. Rajesh was removed to the Bhram Shakti Hospital, where he was declared as brought dead in the hospital.

(3.) THE petitioner was not arrested at the spot but was arrested on 20. 07. 2002 and sent up for trial. The petitioner being in custody filed an application seeking bail before the trial, which was dismissed vide order dated 13. 05. 2009. Hence, the present petition for bail.