Vikas Mishra v. State

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2135/2020 VIKAS MISHRA ..... Petitioner Represented by: Mr.Siddharth Yadav, Advocate.

Versus

STATE ..... Respondent Represented by: Ms.Meenakshi Chauhan, APP for State.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA %

O R D E R

10.08.2020 1.

By this petition, the petitioner seeks regular bail in case FIR No. 228/2019 under Sections 307/34 IPC registered at P.S. Mahendra Park. 2.

The above-noted FIR was registered on the statement of Smt. Satish Kaur who stated that on 7th June, 2019 at about 9.30 pm she was sitting outside her house in the street, when the petitioner herein who resides in Bhalswa Village, Jahangirpuri came along with his four associates to her on two motor cycles and asked her to give four bottles of beer. When the complainant stated that she had stopped selling wine and beer due to strict legal action by the police, the petitioner herein stated that she did not know to whom she was refusing to give beer. Thereafter, the petitioner took out the pistol, fired at her and ran away from the spot with his associates. On being taken to the hospital, as per the MLC, a gunshot injury was found on the left thigh of the victim-complainant. After the arrest of the petitioner,

one country-made pistol containing three live cartridges was recovered which have since been seized.

3.

Along with the status report, the State has filed a list of involvement of the petitioner which shows that the petitioner is involved in four cases under Section 307 IPC, one case under Sections 302/34 IPC & 25/27 of the Arms Act, besides two cases under Sections 323 IPC & 356/379. 3.

Learned counsel for the petitioner states that the petitioner has since been acquitted in case FIR No. 298/2016 under Sections 302/34 IPC and Sections 25/27 of the Arms Act.

4.

Be that as it may, considering the nature of allegations against the petitioner as also the number of involvements, this Court finds no ground to grant bail to the petitioner.

5.

Petition is dismissed.

6.

Copy of the order be uploaded on the website of this Court. MUKTA GUPTA, J.

AUGUST 18, 2020/akb