Wed. Apr 21st, 2021

Rohit Bansal vs State & Anr. on 31 May, 2017

2 min read

2. I have heard the learned counsel for the petitioner, learned APP
and learned Senior counsel for ‘the respondent’ and have examined the file.
Undisputedly, ‘the respondent’ is facing trial in case FIR No.1187/2015
registered under Sections 302/308/201/212/34 IPC.
3. Briefly stated the facts as projected in the charge-sheet are that
on 22.10.15 on receipt of DD No.10A regarding admission of injured
Rupesh Tanwar and Rohit Bansal at Trauma Centre, AIIMS, ASI Dalbir
Singh went there and lodged First Information Report after recording
petitioner’s statement. The petitioner informed that on 21.10.2015, he along
with his friends Vinit, Sonu, Rupesh (since deceased) and Monu had gone to
Shanghai Club in two cars i.e. Santro and Honda Civic at 12.00-12.15
(night). During dance on the floor of the club, the petitioner’s hand stuck
with an individual to whom he said ‘sorry’. The said individual abused and
boosted him if he did not know him. The matter was pacified by the
bouncers. Thereafter, they came out of the club and reached IIT Gate in cars.
The petitioner further disclosed that he found his mobile to have fallen
during quarrel. He along with his friends Rupesh, Sonu and Monu went
back in Santro car to the club. When they reached near the club at some
distance before it, he found that a Mercedes and EON car had blocked the
road; Bolero car was parked on the road-side. When they asked them to
remove the car, one of the boys with whom an altercation had taken place in
the club, threatened to teach them lesson as they were the individuals who
had misbehaved in the club. Thereafter, all the 7/8 assailants started beating
them. Out of them, one brought a rod from the car and started hitting

Crl.M.C.844/2017 Page 2 of 13
Rupesh. When he intervened to save Rupesh, they also made him to fall on
the road. One of the assailants lifted a cemented brick and hit him on his
head. They all ran towards different directions to save themselves leaving
Santro at the spot. He further informed that when he returned to take back
his car, he saw Rupesh lying at the spot unconscious; he had sustained
various injuries on the body. He and his friend Sunil put Rupesh in Santro
and took him to AIIMS Trauma Centre. The complainant gave description
of the assailants in the complaint. A case under Section 307/308/34 IPC
came to be registered.

Source: Indian Kanoon

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