Amit Nagar and Others vs State and Others

A.K. Pathak, J.—Both the applications are disposed of together as the petitioners are accused in the same FIR, inasmuch as role assigned to them is also similar. As per the FIR, petitioners along with four other accused had committed the murder of one Shri Ayush Kaushal (deceased) on 7th March, 2014. FIR No. 148/2014 under Sections 341/302/34 IPC has been registered on the statement of eye-witness Shri Ayush Dua.

It is alleged in the FIR that petitioners and the deceased were studying in the same college, that is, Ideal Institute of Management, Karkardooma, Delhi and were students of fourth year of law course. On 7th March, 2014, co-accused Tanuj Tiwari, Sachin, Bhup Khari and Kishan Khari caught hold of deceased, while petitioners gave fist and leg blows to the deceased on his abdomen and chest, as a result whereof, deceased fell unconscious and was removed to Dr. Hedgewar Hospital and thereafter to Max Hospital, where he was given treatment. Deceased died on the next day.

Doctor has opined the cause of death as under:--

"Opinion: After going through the P.M. report, FSL report and histopathology report, I have come to a considerate opinion that "The cause of death in this case in my opinion is Syncope as a result of (Lt) ventricular hypertrophy with valvular heart disease and its sequelae (Natural Disease). The deceased had consumed ethyl alcohol prior to his death..." 4. Learned counsel for the petitioners submits that no offence under-Section 302 IPC is attracted in this case as deceased died due to heart ailment. Other four co-accused have already been enlarged on bail by the trial court. It is further contended that story propounded by the eye-witness is, otherwise, improbable since as per the viscera report, 42.6 mg of alcohol was detected. As per the prosecution, deceased had come out of the class room after his examination and was thrashed. It is contended that it is improbable that the deceased would have consumed alcohol while appearing in the examination. It is further contended that presence of Shri Ayush Dua at the spot is doubtful, since deceased was removed to hospital by one Hemant and not by the complainant. Another eye-witness, namely, Shri Mudit Makhijani has not mentioned that deceased was pleading with the petitioners they should not beat him since he was a heart patient, although complainant Shri Ayush Dua has stated so. FIR was registered after about three hours which gave sufficient time to complainant to concoct the story.

Learned APP has opposed the bail applications. It is vehemently contended that deceased was beaten up by the petitioners mercilessly. Blows were given on his chest and abdomen. Deceased was beaten up by the petitioners despite his pleading with them that he was suffering from heart problems. As per post mortem report, fracture of rib was noticed. Keeping in mind the serious nature of offence, petitioners be not granted bail.

Learned counsel for the petitioners submits that as per the MLC of Dr. Hedgewar Hospital as well as Max Hospital no injuries were noticed including fracture. In order to save the deceased, doctors had given CPR three times to revive the deceased and fracture can result due to said procedure.

Keeping in mind above contentions and in the totality of circumstances, petitioners are admitted to bail, subject to their furnishing personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) each with one surety each in the like amount to the satisfaction of trial court. Bail applications are disposed of in the above terms. Dasti.