Gaurav Singh v. The State (Nct of Delhi) & Anr

TALWANT SINGH, J SEPTEMBER 15, 2022/pa

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 15.09.2022 + BAIL APPLN. 2479/2022 AAKASH CHOUDHARY ..... Petitioner Through: Mr. Ramesh Gupta, Sr. Advocate with Mr. Ravi Kumar, Mr. Rohit Pratap Singh, Mr. Gagandeep and Mr. Shailender Singh, Advocates. versus THE STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. N.S. Bajwa, APP. Mr. Kirti Uppal, Sr. Adv. with Mr. Himanshu Bidhuri, Ms. Riya Gulati and Mr. Chandan Sinha, Advocates for R-2. + BAIL APPLN. 2497/2022 GAURAV SINGH ..... Petitioner Through: Mr. Ramesh Gupta, Sr. Advocate with Mr. Ravi Kumar, Mr. Rohit Pratap Singh, Mr. Gagandeep and Mr. Shailender Singh, Advocates. versus THE STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. N.S. Bajwa, APP. Mr. Kirti Uppal, Sr. Adv. with Mr. Himanshu Bidhuri, Ms. Riya Gulati and Mr. Chandan Sinha, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. Both these petitions have been taken up together as both the petitioners are co-accused in FIR No. 353/2022 registered under Section 308/323/341/34 at PS Sarita Vihar, Delhi and they have applied for grant of anticipatory bail by way of filing these two petitions. 1.1 It has been submitted that the present FIR is a counter blast to the applicant's FIR No. 352/2022 registered at PS Sarita Vihar, Delhi, registered under the influence of one Mr. Brahm Singh, who is the aggressor and husband of a local municipal councillor. 1.2 The CCTV footage shows that the applicants were mercilessly beaten with spade, iron rods and rocks and even then, they have been arrayed as accused in the present case. The applicants fear arrest in the present FIR; the CCTV footage has not been examined by the IO although this is the best evidence of the incident; provocation came from the complainant's side as they had stopped the tractor trolley of the applicants; applicant Aakash Choudhary had suffered injuries and he was treated at AIIMS Trauma Centre; complainant Mr. Brahm Singh was treated at a private hospital, i.e., Apollo Hospital at Sarita Vihar; the police officials have removed charges under Section 308 IPC on 04.08.2022 from the cross-FIR registered at the instance of the applicants, which is contrary to the statutory provisions as well as the CCTV footage. 1.3 The bail application of Lalit Bidhuri has been already allowed by the Sessions Court but the bail application of the applicants were rejected by the said Court. The cross-FIR bearing No. 352/2022 was registered prior to the false counter-FIR bearing No. 353/2022. 1.4 The CCTV recording, in possession of the IO shows that the applicants were mercilessly beaten. It is stated by the IO that Section 308 IPC was removed from FIR No. 352/2022 on the ground that the injury was 'simple' as per AIIMS Trauma Centre report. This act of the IO is contrary to the statutory provision. 1.5 The Trial Court refused to grant anticipatory bail to the applicants without considering the CCTV recording and the factum of cross-FIR. 2. The applicants are ready to cooperate with the investigating agencies and they have never been summoned nor arrested till date. 3. Notice was issued to the State as well as to the complainant. 4. Status Report has been filed on behalf of the prosecution in which it is mentioned that there was a quarrel on 08.07.2022, regarding which a PCR call was received and GD No. 110A was recorded at PS Sarita Vihar. Intimation was received regarding one injured Mr. Brahm Singh being in hospital and MLC No. 564/2022 was received vide DD No. 114A on the same date. 4.1 The injured and the witnesses were found in the hospital and on the complaint of the complainant, FIR No. 353/2022 was registered. Reference was made to an earlier incident dated 10.04.2022, when the work of construction of a road at the initiative of Smt. Kamlesh, W/o Mr. Brahm Singh, was opposed by Mr. Lalit S/o Krishan, Mahavir S/o Shyamlal and applicant Gaurav S/o Davnder and his brother Aakash Choudhary. 4.2 On 08.07.2022,