Akash @ TT vs State Of Nct Of Delhi

Girish Kathpalia, J

The accused/applicants seek regular bail in case FIR No. 269/2022 of Police Station Hari Nagar for offence under Section 302/307/323/147/148/149/506/120B/34 of IPC.

Broadly speaking, the prosecution case is that inside the jail  cell, a group  of  prisoners  assaulted  two  prisoners  with dandas,  fists  and  kicks. One of the victim prisoners died in the incident. Two of the alleged assailants have already been granted bail by coordinate benches of this court. The entire incident was captured on CCTV installed inside the cell.

Learned counsel for both accused/applicants submit that they are entitled to bail on grounds of parity with co-accused persons Ashwani and Rahul, who were granted bail by the coordinate benches of this court. It is also contended that the alleged incident was a part of group fight between the prisoners and nobody expected that one of the victims would die.

On the other hand, learned prosecutors assisted by Investigating Officer/Inspector Praveen oppose  these bail applications, contending  that role  played by the present accused/applicants was different  from the  role played by co-accused persons Ashwani and Rahul to the extent that neither of them used danda during assault, whereas, the present accused/applicant Ankit assaulted the victims with danda. Further, it is contended that the accused/applicant Akash is involved in six more cases while the accused/applicant Ankit is involved in four cases.

Learned APP has played the CCTV footage in court. The manner in which the two groups assaulted two co-prisoners, one of whom succumbed, conveys an impression that although the assailants were waiting for the victims to enter the cell, but the manner of assault does not show a concerted attack.  Practically, it  was free  for all  with  a number of inmates assaulting both the victims. Some of the assailants were carrying dandas while others were using fists and kicks.

In response to a specific query, the Investigating Officer admits that he  did not investigate  into the role played by the  jail officials in order to find out as to how dandas entered the cell.

Further, as submitted by both sides, during trial, three of the prosecution witnesses have turned hostile to prosecution.

Looking into the manner of assault, the use of dandas or fists/kicks cannot be a criteria in this case to distinguish the roles played by the present  accused/applicants  and  the  accused  persons  Ashwani  and  Rahul. In view of the  manner of assault, parity to the present accused/applicants cannot be denied on the ground that one of them namely Ankit used danda in the assault.

Considering the above circumstances, these bail applications are allowed and  the  accused/applicants  are directed  to  be  released on  bail,  if not required in any other case, subject to each of them furnishing a personal  bond in  the sum of Rs.20,000/- with one  surety each in  the like amount to  the satisfaction of the learned trial court. Pending applications stand disposed of.

Copy of this order be sent to the concerned Jail Superintendent  for being conveyed to the accused/applicants.