PARAS BHARARA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE present application has been filed under Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail to the petitioner in the event of his arrest.

(2.) THE necessary facts, as set out in this application, are that an FIR was registered on PCR complaint vide DD No. 4A, on 20.12.2008. One Jagjeet Singh (hereinafter referred to as the "injured"), was stated to have been injured in an accident and was examined vide MLC No. 8026/2008 at Khetrapal Hospital. The said MLC reflects that the injured was brought to the hospital in an unconscious state and the Doctors had declared him unfit for making any statement.

(3.) ON the contrary, learned Counsel for the State has vehemently opposed this application for grant of anticipatory bail on the ground that as per the investigation, on 19th December, 2008 at about 10.30 p.m one I -10 car No. 9900 hit a motorcycle No. DL 4S BD 9695 at Ramesh Nagar Market. The injured, Jagjeet Singh and the pillion rider, Siddharth Banerjee fell down due to the accident. Learned Counsel for the petitioner submits that Jagjeet Singh asked the person (Eklavya) driving the car to drive properly and at that stage, there was an exchange of hot words. Thereafter the petitioner, Paras Bharara, owner of the car, came down along with other occupants of the car, namely, Eklavya, Manish and Ashish and picked up a quarrel with the injured and Siddharth Banerjee. Learned Counsel for the State further submits that the petitioner and his associates assaulted the injured with fists and blows. At that time, the petitioner lost his temper and asked Manish to bring the baseball bat kept in the dickey of the car. Manish brought the bat and at the instigation of the petitioner, he hit the bat on the back side of the head of the injured, Jagjeet Singh two -three (2 -3) times. The injured fell down on the ground and became unconscious and the above mentioned persons fled away from the spot. The pillion rider Siddharth Banerjee took the injured to Khetrapal Hospital. The injured was admitted in the hospital but was declared unfit for statement. Learned Counsel for the State further submits that initially, Siddharth Banerjee could not be contacted at Khetrapal Hospital. However, during the investigation his statement was recorded and the fact regarding assault on the injured by a baseball bat came into notice and accordingly Section 308/34 IPC was added on 23.10.2009.