Anil Kumar v. State

TALWANT SINGH, J NOVEMBER 01, 2022/pa

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 01.11.2022 + BAIL APPLN. 463/2022 ANIL KUMAR ..... Petitioner Through: Mr. S.K. Sharma and Mr. Tejas Singh, Advocates. versus STATE .....Respondent Through: Mr. N. S. Bajwa, APP for State. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. The petitioner has prayed for regular bail in FIR No.257/2020, registered at PS Aman Vihar under Section 302/308/342/325/34 IPC. The petitioner was arrested in this case on 06.06.2020 and since then, he is in custody. His three consecutive bail applications were dismissed by the learned Sessions Court. There are three more accused in this case. 2. Charge sheet stands filed and charges were framed against all the accused persons under Section 302/342/34 IPC vide order dated 04.01.2022. The petitioner is stated to be aged about 28 years and he is suffering from several medical conditions. Earlier he was granted an interim bail and he had surrendered on expiry of the said interim bail period. 2.1 The occurrence, as per the prosecution took place on 29.05.2020 at house No. B-160, Ramesh Enclave, Gali No.-7 Kirari, Delhi where the other three co-accused live but the residence of the petitioner is about 2 kilometres away from the said house. PCR call was made by the sister of co-accused Mahender alias Sonu. Local police arrived at the spot and found Namtulla alias Nehmat aged about 29 years in an injured condition and he was taken to Sanjay Gandhi Memorial Hospital. Injuries were 'simple' in nature, so after first aid, the injured left the hospital on the same day. 2.2 It is further mentioned that as per MLC No.6255, injuries were opined as 'grievous'. Statement of the victim was recorded by the police at hospital on 30.05.2020 and FIR was registered. As aforesaid, the other three co- accused were arrested on 30.05.2020 itself. When the victim had visited the hospital, it was a peak of Covid first wave. 2.3 On 03.06.2020, the injured complained of shortlessness of breath and he had visited Dr. Baba Sahib Ambedkar Hospital, Rohini and was admitted there. All the symptoms were primarily of a patient of Covid Positive. He was shifted to the Isolation Ward. 2.4 The victim was managed with anti biotics and oxygen support but his condition deteriorated and he was not maintaining the oxygen level. His condition did not improve and he died due to sudden cardiac arrest. The victim was having an episode of Hemoptysis wherein a human being coughs blood from lungs. Even in the death certificate, it is shown that the injured was suspected to be a Covid-19 patient and cause of death was cardiac/pulmonary arrest. 2.5 Post mortem was conducted on 06.06.2020 but no opinion was given regarding cause of death but it was found that both the lungs were congested. In the forensic report dated 23.11.2020, the cause of death was observed as multiple organ failure and hemorrhagic shock consequent to multiple injuries. All these conditions suggested that the death was on account of Covid and not due to injuries, which were simple in nature. 2.6 The present petitioner was arrested only after the death of the victim. He did not try to abscond or to escape his arrest. It is alleged that a danda was recovered at the instance of the petitioner. There is no public witness at the spot of the recovery, which is 4-5 kilometres away from the place of occurrence. There is no eye-witness of the occurrence; neither any one had seen the petitioner at the spot nor he was seen carrying the danda along with him. The petitioner has been falsely implicated in this case and no offence under Section 302 IPC is made out. There is no possibility of trial being concluded in near future, so the petitioner has prayed for bail. 3. Notice was issued. Status Report has been filed. 3.1 It has been mentioned that the FIR was registered on the statement of the victim Namtulla alias Nehmat who alleged that he was summoned by co-accused, namely Mahender alias Sonu, who was elder br