R.BANUMATHI, J. - (1.) Leave granted.
(2.) These appeals arise from the order of the High Court of Delhi in and by which the High Court has cancelled the bail granted to the respondents-accused by two separate orders dated 31.05.2017 and 08.09.2017. By virtue of the first impugned order, bail granted to Anil Kumar Yadav (A4) was cancelled and by the second impugned order, bail granted to other accused were cancelled.
(3.) The case of prosecution is that on 21.10.2015, Rohit Bansal (injured witness) along with his friends Vineet, Sonu, Rupesh (deceased) and Monu had gone to Shanghai Club, Hauz Khas in two separate cars, i.e. Santro being registration No.UP-16-AM-6317 and Honda Civic being registration No.DL-7CF-4118. At around midnight 12.00-12.15, while dancing in the club, Rohit Bansal's hand struck an individual to whom he said "sorry". On this, the said individual abused and questioned Rohit Bansal and quarrel started between the two groups and the said individual took a glass from one of his friends and hit the complainant-Rohit Bansal; but the matter was pacified by the bouncers/security personnel of the club. Thereafter, the complainant-Rohit Bansal and his friends were sent out of the club and after coming out of the club when they reached IIT Gate, then Rohit Bansal realized that his mobile phone was missing which might have fallen during the quarrel and he along with his friends Rupesh, Sonu and Monu came back in Santro car to the club. When they came back, they found that a Mercedes and EON car had blocked the road and a Bolero car was parked on the road-side. When they asked them to let them pass, one of the accused with whom an altercation had taken place in the club, threatened to teach them a lesson. Thereafter, all the accused/assailants started beating them; one of the assailants brought an iron rod from the car and started hitting Rupesh and when Rohit intervened to save Rupesh, he was also attacked. Thereafter, another assailant lifted a cemented brick and hit Rupesh on his head and they all ran towards different directions to save themselves leaving Santro car at the spot. When Rohit Bansal returned back to take his car, he saw Rupesh lying at the spot unconscious and sustained multiple injuries on his body. Complainant Rohit along with one Sunil took Rupesh to the AIIMS Hospital and got him admitted in the Trauma Centre.;