Gopesh Jindal, Mr. Lavish Chhikara, Mr.Sanjana Nair Mr. Aayush Rathore, Advocates v. STATE

1 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 297/2025 RAJEEV .....Petitioner Through: Mr. Maninder Singh, Senior Advocate with Mr.Ajay Piparia, Mr.Gopesh Jindal, Mr. Lavish Chhikara, Mr.Sanjana Nair & Mr. Aayush Rathore, Advocates Versus STATE (GOVT OF NCT OF DELHI) .....Respondent Through: Ms. Meenakshi Dahiya, Additional Public Prosecutor for Respondent-State CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 24.02.2025 BAIL APPLN. 297/2025 & CRL.M.(BAIL) 156/2025 1. The First Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioner for grant of Regular Bail in FIR No. 122/2024, under Sections 302/323/34 of the Indian Penal Code, 1860 registered at Police Station S.P. Badli, Delhi. 2. Briefly stated, the FIR was registered on the Complaint of the Complainant-Naveen, who stated that on 21.01.2024, at around 10:00 PM he received a call from his mother that her son, Akshay (brother of the Complainant) had consumed alcohol and he had gone towards railway This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:31:06 2 line. He brought him back to the house. However, after some time he heard the noises “Brother save me” and he rushed to spot where he saw that Akshay was being beaten by Vihari Rajiv, Pehelwan, Manoj, Chela and Podi. Complainant’s Mother/Seema and his Aunt (Mausi)/Meenu also came into the street. Accused Vihari and his associates indulged into a verbal altercation with his mother and her Mausi/Meenu. They tore the clothes of his mother and punched his Mausi, due to which she fell and became unconscious. 3. The Applicant has submitted that in the CCTV footage of the area which covered the alleged incident, it is recorded that the deceased was a by-standee standing meters away, beyond the purview of any assault or any injury, as also mentioned in the site plan. It is also evident that she was having shortness of breathing, breathlessness and pressing her chest for easy breathing. She went inside and came outside several times and she finally collapsed outside her house. 4. She was taken to Babu Jagjivan Ram Memorial Hospital at 02:04 AM where her MLC No.243241/2024 and Post Mortem Report No. 81/2024 was prepared. The Post Mortem Report observed as under:- “Heart weighing is 400 Grams, Left anterior descending artery is 70% to 80% blocked with intact thrombus and rest of the coronary arteries shows 50% to 60% blockage, multiple old grey patches are present over the surface of the heart at places and surface vessels prominent and tortuous, left ventricle wall thickness is "2.5 cm. Apex of the heart shows hyperemia, Aorta shows atherosclerotic changes and sent for histopathology examination”. 5. It is further submitted that after completion of the investigations, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:31:06 3 the Charge-sheet was filed on 20.04.2024 and the case is now pending at the stage of framing of Charge. 6. Learned Counsel for Applicant has submitted that the Applicant is a hardworking man of 41 years of age and was residing his family members, which comprises of wife and five children and he has social responsibilities to fulfill and has no source to feed his family. The Petitioner is in judicial custody since 22.01.2024 and he may be put to any terms while granting Bail. 7. Learned Additional Public Prosecutor for Respondent-State has opposed the Bail Application on the ground that Charge is yet to be framed and the Applicant was an active participant in the commission of offence. 8. Submissions heard and record perused. 9. As per the FIR, the mother of the Complainant and his Mausi/Meenu came into the street upon hearing a commotion. The Accused/Vihari his associates started assaulting and abusing the complainants’ Mother and Mausi. Chela and Vihari threw the complainants’ Mother down and tore her clothes, upon which his Mausi/Meenu tried to intervene and Vihari punched her and pushed her on to the ground. Due to which she collapsed and died on the spot. 10. As per the Post Mortem Report, the deceased had about 70%-80% blockage on the left side and other coronary arteries show up to 50%-60% blockage and multiple old grey patches over her heart. 11. As per the CCTV Footage, the deceased/Meenu, Aunt of the Complainant was standing meters away from the spot of the crime when the fight was going on between the Complainant and the accused persons This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:31:06 4 and minutes before that she had been going in and out of the house showing breathlessness and pressuring/rubbing her chest. 12. Moreover, another co-accused Virender@Pehlwan has already been granted anticipatory bail by this Court vide Order dated 24.10.2024 and co-accused Manish has been granted regular bail by the Trial Court vide Order dated 29.10.2024. 13. Considering the totality of the circumstances as narrated above, the Petitioner is admitted to Regular Bail in FIR No. 122/2024, under Sections 302/323/34 of the Indian Penal Code, 1860 registered at Police Station S.P. Badli, Delhi upon his furnishing a personal bond in the sum of Rs. 50,000/- and one surety of the like amount to the satisfaction of the learned Trial Court, subject to the following conditions: - a) Petitioner shall not leave Delhi/NCR without prior permission of the Court; b) Petitioner shall appear before the Court as and when the matter is taken up for hearing; c) Petitioner shall provide his mobile number to the IO concerned, which shall be kept in working condition at all times and in case he changes the mobile number, he would intimate the Investigating Officer concerned; d) Petitioner shall inform the IO and the Jail Superintendent of the address where he shall be available in Delhi; and e) Petitioner shall not try to contact, threaten or influence any of the witnesses of this case. 14. The Registry is further directed to communicate this Order to the learned Trial Court and as well as to the concerned Jail Superintendent. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:31:06 5 15. Accordingly, the present Bail Application and pending Application are disposed of. (NEENA BANSAL KRISHNA) JUDGE FEBRUARY 24, 2025 r