VISHAL@BUNTY vs THE STATE NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2025 + BAIL APPLN. 4527/2024 VISHAL@BUNTY .....Petitioner Through: Mr. Anil Kumar Basoya, Advocate versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State with SI Ramavtar, P.S. Hauz Khas CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. 1. The present application 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 applicant seeking grant of regular bail in case bearing FIR No. 08/2016 for offence punishable under Section 302/34 of Indian Penal Code, 1860, registered at Police Station Hauz Khas, New Delhi. 2. The brief facts of the present case are that the FIR was registered on 02.01.2016, following an incident in which under-trial prisoners, being transported back to Tihar Jail from Saket Court Signature Not Verified BAIL APPLN 4527/2024 Page 1 of 6 Digitally Signed By:AANCHAL TAGGAR Signing Date:21.01.2025 14:03:31 Complex in a jail van, began fighting with each other. Head Constable Gulab Singh, who was posted with the 3rd Battalion, registered the complaint. He was assigned the duty of transporting the under-trial prisoners along with Constable Chhote Lal, Constable Mohan Lal, Constable Sawan, and Constable Bhanu Pratap. A total of 53 under-trial prisoners were in the van, comprising 46 ordinary under-trial prisoners and 4 younger prisoners aged 18-21. The young prisoners were locked in the inner compartment of the van, while the remaining prisoners were in a separate compartment, both compartments secured by Constable Sawan, who kept the key and sat in the driver's cabin with Constable Mohan Lal and the driver. The other two co