RAJNISH @ BANTU vs STATE OF NCT OF DELHI

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on: 02.04.2024
Pronounced on: 25.04.2024

+ BAIL APPLN. 4129/2023
RAJNISH @ BANTU ….. Petitioner
Through: Mr. Arjun Malik, Advocate

versus

STATE OF NCT OF DELHI ….. Respondent
Through: Mr. Manoj Pant, APP for the State with Inspector Mahendra Kr., P.S. Shahbad Dairy.

CORAM:
HON’BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J.
1. The present bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’) has been filed on behalf of the applicant seeking grant of interim bail for a period of 60 days, in case arising out of FIR bearing no. 0468/2019, registered at Police Station Shahbad Dairy, Delhi for offences punishable under Section 365 of the Indian Penal Code, 1860 (‘IPC’).
2. Briefly stated, the facts of the case as per the prosecution are that on 15.10.2019, a missing report vide DD No. 50A had been lodged at P.S. Shahbad Dairy by one Jaideep, concerning the disappearance of his brother, Amit Hooda, and his servant, Nikhil Gulati. On 17.10.20198, a case vide FIR No. 468/19 had been registered at P.S.: Shahbad Dairy regarding the abduction of the above-said persons, based on Jaideep’s statement, in which he had alleged the role of one Naveen, as he had borrowed money from Amit Hooda. During the course of the investigation, two unidentified dead bodies of the description similar to the above-mentioned missing persons had been recovered in the area of P.S.: KNK Marg. Hence, the IO of the said police station, as well as the complainant and family members of the missing persons, had been contacted, who had identified the dead bodies as Amit Hooda and Nikhil Gulati, respectively. After due process, the post-mortem of both the dead bodies had been conducted at Mortuary, BSA Hospital, Rohini, Delhi, in which the doctor had opined that both the dead bodies had gunshot injuries. Accordingly, during the course of the investigation, Sections 302/2021/404 of the IPC and Sections 265/27 of the Arms Act were added. During the course of the investigation, accused Anthony Baghel was arrested on 21.10.2019, whereas accused persons namely Naveen and the present applicant/accused Rajnish, had been arrested on 22.10.2019. Accused persons had disclosed that Naveen had borrowed some money from Amit Hooda, and out of the said amount Rs. 2.5 Lakhs was pending for which Amit Hooda had been pressing. On 03.10.2019, Amit Hooda and Nikhil Gulati had come to the flat of accused Naveen, where they had asked for money, and when accused Naveen had shown his inability, Amit Hooda had slapped Naveen, and they had taken Naveen’s Honda Amaze car. Accused Naveen had told about the incident to present applicant/accused Rajnish @ Bantu and co-accused Anthony Baghel @ Vikas, who had assured Naveen that they would take revenge. On 14.10.2019, accused Naveen, present applicant/accused Rajnish @ Bantu, and Anthony Baghel @ Vikas had been drinking at the flat of Naveen situated in Deep Vihar, Sector-24, Rohini, Delhi, where again Amit Hooda and Nikhil Gulati had come as asked by Naveen and had started drinking with them. On the matter of the balance money, which Naveen had to give to Amit Hooda, an altercation had taken place between them, where they had abducted Amit Hooda and Nikhil Gulati as Amit Hooda had been harassing Naveen time and again for the money, which Naveen had borrowed from Amit Hooda. In the meantime, Naveen had put some drug tablets, which Rajnish @ Bantu had been carrying, in the glass of Amit Hooda and Nikhil Gulati, and after drinking the same, both Amit and Nikhil had become unconscious. After that, they had taken both of them in Amit Hooda’s Swift Dzire towards Western Yamuna Canal near Sector-34 Rohini, bridge and on to Kachha Rasta near CISF Residential complex, where they had taken out Amit Hooda first, who had somewhat regained his consciousness and had started resisting, on which Naveen had taken out his pistol and had shot Amit Hooda. After that, they had taken out Nikhil Gulati, who had still been unconscious, and Rajnish @ Bantu had taken out his pistol and had shot Nikhil. After that, they had taken out the wallet of Amit Hooda, and they had thrown both the bodies in the Western Yamuna canal. Naveen had taken the car of Amit Hooda and had parked it near City Centre Mall parking. Further during the investigation, on the instance of accused Anthony Baghel, two empty cartridges had been recovered from the scene of the crime, and further on the instance of Naveen and Rajnish @ Bantu, the weapon of offense, i.e., two country-made pistols along with 04 live cartridges, had been recovered.
3. The petitioner is before this Court at this stage to seek interim bail for a period of six weeks on medical grounds.
4. Learned counsel for the petitioner argues that the petitioner has been suffering from multiple ailments, and is required to undergo Gall bladder surgery as well as treatment for Haemorrhids/Piles and neurological disease as the applicant is suffering from immense pain and is not able to carry out his daily activities. It is further argued that the petitioner is also HIV positive and he is at risk of having repeated infections due to unhygienic conditions in the jail. It is submitted that the petitioner has never misused the liberty granted to him earlier by the learned Trial Court or when he was released on HPC guidelines. Thus, it is prayed that the present applicant/petitioner be released on interim bail on medical grounds for a period of six weeks.
5. Per contra, learned APP appearing on behalf of the State argues that the allegations against the present applicant/accused are grave and serious in nature. It is argued that the present applicant has allegedly abducted and murdered a person in conspiracy with his associates. It is argued that the medical condition of the petitioner herein does not warrants his release as he is getting the appropriate medical care in the jail premises. Therefore, the present interim bail application be dismissed.
6. This Court has heard arguments addressed by learned counsel for the applicant and learned APP for the State and has perused material on record.
7. This Court had vide order dated 08.02.2024 called for medical status report of the present applicant/accused, in reference to the treatment he has been receiving.
8. A perusal of the medical status report filed on record reveals that the present applicant/accused is a follow up case of PLHA (People Living with HIV/AIDS). The present applicant also has a gall bladder stone which requires a surgery to be performed. The report further reveals that the applicant also has Grade-1 fatty liver, incisional hernia over epigastric region, sleep disturbance, post-traumatic seizure disorder, low back ache and bleeding per anum (fissure disease). He is under treatment and follow-up from jail duty doctors, jail visiting specialist doctors, etc. The applicant has been advised conservative treatment with abdominal binder by the surgery specialist doctor in RML Hospital for his gall bladder stone, Grade-1 fatty liver and incisional hernia over epigastric region.
9. Therefore, this Court after perusal of medical status report filed on record observes that the present applicant/accused has been advised to undergo gall bladder surgery in view of him having gall bladder stones. It is also observed that the present applicant/accused is a case of PLHA (people living with HIV AIDS). It has further been confirmed by the medical status report the applicant also has Haemorrhids/Piles and a neurological disease.
10. Thus, considering the medical history of the applicant, the medical status report filed on record and that the applicant has been advised to undergo gall bladder surgery, this Court is inclined to grant interim bail on medical ground to the present applicant/accused for a period of three weeks beginning from the date of his release, on his furnishing personal bond in the sum of Rs. 20,000/- with one surety in the like amount, who shall be his family member, to the satisfaction of the Duty Magistrate/Link Magistrate/Trial Court, on the following terms & conditions:
i. Accused/applicant shall not do anything which may prejudice either the trial or the prosecution witnesses.
ii. Applicant shall not travel outside Delhi during this period.
iii. Applicant shall share his mobile number with the concerned IO/SHO on which he can be contacted if required, and the same shall be kept operational at all times.
iv. Applicant shall duly surrender before the concerned Superintendent Jail after the expiry of interim bail.
11. Accordingly, the present application stands disposed of.
12. Copy of the order be sent to Jail Superintendent concerned.
13. The judgment be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J
APRIL 25, 2024/at

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