UTSAV BHASIN Vs. STATE

JUDGEMENT

(1.) PRESENT is a petition under section 439 Cr. P. C read with Section 482 cr. P. C on behalf of the petitioner Utsav Bhasin for grant of bail in a case arising out of FIR No. 282/2008 PS Lajpat Nagar u/s 279/338/304 IPC.

(2.) THE case of the prosecution is that on the night intervening 10th/11th september, 2008 at about 2. 40 am, an information was received at P. S. Lajpat Nagar regarding an accident having taken place on Lala Lajpat Rai marg, opposite Defence Colony. DD No. 45a was recorded in this regard and copy of same was handed over to ASI Satyavir Singh who along with constable Giriraj went to the place of occurrence and found two vehicles i. e. Car BMW make) bearing registration No. HR-26 AIK-0020 and Motorcycle (Pulsar make) bearing registration No. DL-4s-AW-6977 were involved in an accident. No eye witness was available at the spot. After completing legal formalities at the spot, ASI Satyavir Singh made endorsement on DD No. 45a. At the spot, he also came to know that a PCR Van had removed two injured persons to Trauma Centre at AIIMS. ASI Satyavir informed the duty Officer at Police Station about the accident on phone on which HC vijay and Constable Naveen came to the spot. Both of them along with constable Giri Raj were left at the spot for keeping a watch there. ASI satyavir reached Trauma Centre AIIMS and collected MLC of both injured persons i. e Anuj and Mrigank Srivastava and Doctor had declared both of them "unfit for making statement". Thereafter he came back to spot and prepared a rukka and sent it to the police station through Constable Giriraj and in pursuance thereof FIR No. 282/08 u/s 279/337 IPC was registered.

(3.) AFTER registration of FIR, investigation was marked to SI Sandeep ghai who reached the spot. During investigation, District Crime team/south District carried out inspection of scene of crime as well as of accidental vehicles. A team from CFSL (CBI), Lodhi Road comprising officers of Finger Print Department, Physics Department and Photo Division inspected BMW car involved in the accident and took photographs from different angles and lifted chance prints. They also inspected the scene of crime. IO also served notice u/s 133 of M. V. Act to the owner of BMW car. One of the Directors of the company gave in writing that Utsav Bhasin s/o mr. Narinder Kumar Bhasin (Director) was driving the said car at the time of accident. Clothes of injured Anuj Aditya were also seized during investigation. Mechanical inspection of both vehicles was also got done. During investigation, statement of one auto driver, namely, Vijay Kumar (PW) was recorded under section 161 Cr. P. C. who is alleged to have seen one boy and one girl getting down from BMW car after the accident and also witnessed two injured persons being taken to Hospital On 12th September, 2008, accused was arrested" on identification of PW-Vijay Kumar from kashmiri Gate. Since the offence alleged was bailable, accused was released on bail.