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High Court of DelhiBAIL APPLN./451/2017

Vijay @ Chhota Kallu v. State (NCT Of Delhi)

2017-05-11Hon'Ble Ms. Justice Mukta Gupta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 451/2017 VIJAY @ CHHOTA KALLU Represented by:

Petitioner Mr. R.D. Mauiya, Advocate.

versus STATE (NCT OF DELHI) Represented by:

Respondent Ms. Rajni Gupta, AFP for the State with AST Liyakat Ali, PS Sangam, Vihar.

+ BAIL APPLN. 452/2017 AJAY @ BADA KALLU Represented by:

Petitioner Mr. R.D. Maurya, Advocate.

versus STATE (NCT OF DELHI) Represented by:

Respondent Ms. Rajni Gupta, APP for the State with ASI Liyakat Ali, PS Sangam, Vihar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

ORDER

% 11.05.2017 1.

By these two petitions the petitioners seek bail in case FIR No.639/2016 under Section 307/34 IPG registered at PS Sangam Vihar, Delhi.

2.

The above noted FIR was registered on receipt of an information from hospital of admission of one Shiv Raj, s/o Raj Kumar, in injured condition BAIL APPLN, 451/2017 & 452/2017 By:AMULYA

and on collection of the MLC. The injured was initially unfit for statement due to the stab injury which was grievous in nature. In the evening statement of the injured was recorded who stated that on 30^ October, 2016 at about 10.00 PM he was going to his uncle's house at C-Block, Sangam Vihar. When he reached Ghanta Ghar Chowk his friend Prince Mehra and Vikas Negi met him. When they reached ahead one boy and one girl came down from rickshaw, the foot of the girl struck with the injured resulting in her mobile phone falling down. An altercation took place between them and the boy and the girl went away abusing them. Soon thereafter Ajay @ Bada Kallu and his brother Vijay @ Chhota Kallu residing at F-2 Block, Sangam Vihar came on their motorcycle.

Ajay parked the motorcycle nearby, he pushed the injured angrily and asked as to what he was saying to the girl. When the victim disclosed about the altercation, Vijay caught hold of the victim and Ajay gave a knife blow on the stomach. The injury resulted in the protrusion of the small intestine of the victim who stayed in the hospital for a period of eight day.

3.

Considering the nature of allegations and that both the petitioners came with a pre-meditated mind and gave a blow which caused protrusion of the intestine and the victim as well as the eye witnesses are yet to be examined, this Court does not find any ground to grant bail to the petitioners at this stage.

4.

Petitions are dismissed.

MAYll,2017/'vn'

MUKTA GUPTA, J.

BAIL APPLN. 451/2017 <S 452/2017