Honey v. State

TALWANT SINGH, J JULY 19, 2022 pa

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 19.07.2022 + BAIL APPLN. 1349/2022 YOGESH @ YOGI ..... Petitioner Through: Mr. Abhimanyu Kampani, Advocate. versus STATE (NCT OF DELHI) ..... Respondent Through: Ms. Meenakshi Chauhan, APP. + BAIL APPLN. 746/2022 HONEY ..... Petitioner Through: Mr. Abhimanyu Kampani, Advocate. versus STATE ..... Respondent Through: Ms. Meenakshi Chauhan, APP. + BAIL APPLN. 747/2022 SACHIN MANCHANDA ..... Petitioner Through: Mr. Abhimanyu Kampani, Advocate. versus STATE ..... Respondent Through: Ms. Meenakshi Chauhan, APP. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. These three matters are connected as three different accused persons have applied for anticipatory bail by filing three separate petitions. However, the said anticipatory bail applications are taken together as there is common FIR and common incident. 2. The applications have been filed in FIR No. 912/2021, registered under Section 302/147/148/149, read with Section 34 of IPC, dated 02.11.2021. It has been submitted that a charge sheet has been already filed before the Court on 28.01.2022 against the accused already arrested. 3. In BAIL APPLN. No. 1349/2022 of the petitioner Yogesh @ Yogi, it has been mentioned that he is aged about 28 years and is a businessman by profession and father of a two-year old child. 3.1 In brief, it has been mentioned that on 01.11.2021 at around 8:45 p.m., the petitioner along with certain other persons was present at the construction site of his brother-in-law, namely, Sachin Manchanda alias Bunty (who is also an applicant in bail application No. 747/2022) at B-108, Sidh Peeth Hanuman Mandir, Raghubir Nagar, New Delhi. 3.2 In the meantime, 4-5 attackers came to the said location on one motorcycle and one scooter and they were carrying pistols/desi kattas. They started firing at Sachin Manchanda alias Bunty. The petitioner along with other persons tried to save Sachin Manchanda alias Bunty. Sachin Manchanda alias Bunty was hit on his thigh; one Fateh Kumar was hit on his abdomen. Another bullet fired by the deceased Jaskaran Singh alias Little got deflected and injured one of the attackers, namely, Firoz. FIR bearing No. 911/2021 was registered under Section 307/34 IPC and Section 25/27/54/59 of the Arms Act at PS Khyala on the basis of the MLC conducted on Sachin Manchanda alias Bunty. 3.3 After firing certain shots, all the attackers started fled from the spot. They managed to escape, except the deceased, who was overpowered by Fateh Kumar and other accused persons in the present case, and thereafter, a crowd gathered at the spot and the attacker, namely Jaskaran alias Little was thrashed by them. The petitioner is alleged to be a part of the said crowd. The deceased was taken to DDU Hospital and the present FIR was registered. 3.4 On 02.11.2021, the deceased expired and the FIR was converted to one under Section 302/147/148/149/34 IPC. As per the post mortem report, the death was caused due to shock as a result of multiple bruises and fractured bones associated with head injury. As per the petitioner, there is nothing on record to show that the petitioner had hit the deceased on his head. The aggressors had come with a pre-determined mind to shoot and kill Sachin Manchanda alias Bunty as there was a history of enmity with one of the aggressors. 3.5 The CCTV footage would show that the petitioner tried to save the deceased from the co-accused. The deceased was beaten up by the persons present at the spot. 3.6 The anticipatory bail application moved by the present petitioner was dismissed on 03.03.2022 by the learned ASJ. The second anticipatory bail application was also dismissed on 28.03.2022. 3.7 The grounds on which the bail has been prayed are that the petitioner does not have any role to play in the incident which occurred on 01.11.2021; the deceased along the with aggressors attacked the brother-in-law of the petitioner with pistols and desi kattas; none of the of