SIRAJ @ SAMEER vs THE STATE GNCT OF DELHI & ANR.

Judgment text excerpt

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.03.2025 + BAIL APPLN. 797/2025 SIRAJ @ SAMEER .....Petitioner Through: Mr. S.B. Upadhaya, Advocate versus THE STATE GNCT OF DELHI & ANR. .....Respondent Through: Mr. Manoj Pant, APP for State with Inspector Sanjay Singh, PS Bindapur CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) CRL.M.A. 5754/2025 (for condonation of delay of 46 days in re-filing) 1. For the reasons mentioned therein, the application is allowed and delay in re-filing the application after removal of defects is condoned. BAIL APPLN. 797/2025 2. Petitioner seeks to be released on bail in case FIR No. 141/2021 of PS Bindapur for offences under Section 302/307/34 IPC. 3. The prosecution case is that on the night of 28.02.2021, in PS Bindapur, DD no. 11A was recorded on the basis of an MLC from DDU Hospital, and on receiving the same, ASI Satyawan with Constable Pradeep reached DDU hospital where they found the injured Chandan Prakash and his brother Suraj Prakash admitted with multiple injuries under treatment. The injured Suraj Prakash, being critical was put on ventilator. The injured BAIL APPLN. 797/2025 Page 1 of 3 pages Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:27.03.2025 19:11:17 Chandan Prakash in his statement stated that at about 09:00 pm on that night, when he was going to market with his brother Suraj Prakash to purchase fish, Kaku came from opposite direction on his motorcycle in front of the marriage hall and suddenly swerved the same. Chandan Prakash and Suraj Prakash escaped being hit, so they asked Kaku to drive carefully, which led to an exchange of hot words. Kaku telephonically called his friends. Thereafter, 3-4 motorcycle-borne boys came, out of whom were Monu @ UP and Chhotu, beside