The petitioner is in incarceration for about the last 8 months and the trial is likely to take substantial time, this Court is of the considered view that it is a fit case for grant of bail to the petitioner: Delhi High Court
BAIL APPLN. 3013/2022
DEEPAK GUPTA vs STATE OF NCT OF DELHI
The current bail petition had been filed for seeking regular bail in FIR No.242/2022 under sections 307/323/341/452/IPC at PS Sangam Vihar. The petitioner was arrested on 25th May, 2020 and charge-sheet had been filed and the matter is listed for arguments on charge on 11th February, 2023. Bail petition before the HON’BLE MR. JUSTICE ANISH DAYAL.
| Section 307 | Attempt to murder. |
| Section 323 | Punishment for voluntarily causing hurt |
| Section 341 | Punishment for wrongful restraint |
| Section 452 | House-trespass after preparation for hurt, assault or wrongful restraint |
FACTS OF THE CASE
Learned counsel for the petitioner contended that the case is with respect to the complaint of Omkar Gupta (58 years old) who had been admitted in JPN Trauma Centre through MLC No.500309652/2022 after being injured in a quarrel.
As per the MLC Omkar Gupta was declared “unfit for statement”. The opinion, as per the doctor was injury “wound, abrasion over right side of mid tibia region” and the nature of the injury was pending investigation.
On 16th April, 2022 the said complainant had stated that he lives at Sangam Vihar, New Delhi along with his friend’s son namely Mr. Atul Sisoda and his wife.
From the past last two years, the complainant’s second wife Mrs. Pinky Gupta, brother-in-law Mr. Deepak Gupta (the petitioner), sister-in-law Smt. Baby Gupta and mother-in-law Smt. Kanti Devi had been pressurizing him to transfer his property in their name and since he did not agree to their demands, they registered a false case of POCSO against him and his son.
FIR No.106/2022 under POCSO Act is still pending against the complainant Omkar Gupta which was registered on the complaint of his minor step-daughter, niece of the petitioner.
On 14th April, 2022 around 10.30 p.m. the complainant along with Atul Gupta and his wife were present at his house when the petitioner along with Baby Gupta, Sunil Negi and other unknown persons barged into his house with sticks and rods.
The complainant failed to stop them as they started attacking him. The petitioner assaulted him with a baseball bat and co-accused Sunil Negi attacked him with a bamboo stick. FIR was registered. The injury was opined by the doctor as “Dangerous; Kind of Weapon used: Blunt”. Complainant was discharged on 19th April, 2022 (considering that injury on ribs takes time to heal on their own).
The petitioner stated that FIR No. 236/2022 was registered on 15th April, 2022 for offences under section 323/341/506/34 IPC on the complaint of Mr. Deepak Gupta s/o Dinesh Gupta, friend of the petitioner and co-accused, who had been injured with a sharp object by the complainant Omkar Gupta in same date of incident i.e. 14th April, 2022.
A witness named Anita was present for the above incident. It was stated that on 14th April, 2022 as soon as petitioner with his friend came to the house of Omkar Gupta, he gave a blow with a sharp object to Deepak Gupta s/o Dinesh Gupta and since the blow hit him on the chest and back, he started bleeding and then a quarrel ensued.
The petitioner contends that Omkar Gupta was the aggressor and Deepak Gupta s/o Dinesh Gupta had first received injury with sharp object pursuant to which the quarrel ensued and simple injury was inflicted on complainant (Omkar Gupta).
JUDGEMENT
The Court considered that basis of the dispute is a family related issue and there are accusations both by the complainant and petitioner regarding attempts to hurt each other.
The Court took notice of the fact that the petitioner is in incarceration for about the last 8 months and the trial was likely to take substantial time. Thus, considered fit case for grant of bail to the petitioner.
The petitioner was directed to be released on bail on furnishing a personal bond of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the Ld. Trial Court.
The Court imposed the following conditions:
- Petitioner could not leave the country without prior permission of the Court.
- Petitioner had to provide permanent address to the Ld. Trial Court. The petitioner will have to intimate the Court by way of an affidavit and to the IO regarding any change in residential address.
- Petitioner will have to appear before the Court as and when the matter is taken up for hearing.
- Petitioner will have to join investigation as and when called by the IO concerned.
- Petitioner should provide all mobile numbers to the concerned IO and such have to be kept in working condition at all times .The mobile location be kept on at all times.
- Petitioner should not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the complainant/victim or any member of the complainant/victim‟s family or tamper with the evidence of the case.
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JUDGEMENT REVIEWED BY ADITYA G S.