VISHNU Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No. 170/2018, under Section 307/34 IPC P.S. Gandhi Nagar.

(2.) The allegations in the FIR are that the complainant who is a rickshaw puller was sitting next to a railway track along with the accused/petitioner and others and drinking. It is alleged that during drinking there was a fight and the petitioner is alleged to have started abusing the complainant. Thereafter it is alleged that the petitioner pushed the injured and started beating him on account of which he fell on a cement pillar which is used in railway tracks. It is further alleged that petitioner picked up a stone and attacked on the face and head of the injured on account of which he sustained grievous injuries.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that the injured was discharged after 2 days of treatment and as per the allegations in the FIR the incident occurred on account of intoxication and on the spur of the moment without any pre-mediation. He further submits that there is no material to substantiate that petitioner attacked the injured or attacked him with the intention of causing death. He further submits that the investigation is complete and charge sheet has already been filed and petitioner has been in custody since 12.06.2018. He submits that petitioner is a rickshaw puller and the sole bread earner of his family.