GAGAN vs STATE (NCT OF DELHI)

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Delivered on 28.02.2025 + BAIL APPLN. 73/2025 GAGAN .....Petitioner Through: Mr. Tanveer Ahmed Mir, Sr. Adv. with Mr. M.D. Imran Ahmad, Ms. Yashodhara Singh and Ms. Amrita Jha, Advs. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Utkrash, APP with Ms. Punya Rekha, Ms. Vasundhara N, Mr. Aman Akhtar, Ms. Sana Singh and Mr. Vinayak Gautam, Advs. for State with SI Dheer Singh, PS Anand Vihar. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J (ORAL) 1. The present petition has been filed seeking regular bail for the petitioner in connection with FIR No. 290/2024 under Section 306/34 IPC registered at Police Station Anand Vihar, Delhi. 2. The case of the prosecution is that an information regarding MLC No. 930/2024 was received at Police Station Anand Vihar from Dr. Hedgewar Arogya Sansthan on 09.05.2023, informing that a patient named Pankaj (hereinafter referred to as ‗the deceased‘) son of Mahaveer Singh had been admitted to the hospital. The deceased had reportedly consumed one tablet Signature Not Verified Digitally Signed By:NARENDRA SINGH BAIL APPLN. 73/2025 Page 1 of 12 ASWAL Signing Date:04.03.2025 01:09:05 of Selphos approximately an hour before admission and was brought to the hospital by his cousin, Pradeep Tavetia, who is a practising Advocate in Karkardooma Courts (hereinafter referred to as ‗the complainant‘). 3. Upon receiving this information, the Investigating Officer (IO) visited the hospital, collected the MLC, summoned the crime team to the scene of the incident and ensured that photographs of the scene were taken. 4. According to the prosecution‘s case, as reflected from the chargesheet as well as the other material, the victim‘s statement could not be recorded due to hi