- (1.) LEARNED counsel for the applicant, LEARNED AGA for the State and perused the material available on record.
(2.) THIS application for bail has been moved on behalf of the accused-applicant Irshad involved in case crime no. 1305 of 2011, under Sections 452, 506, 307, 326 IPC, P.S. Sihani Gate, District- Ghaziabad. Learned counsel for the applicant submitted that incident took place on 16.11.2011 at 8.30 p.m. whereas the FIR was lodged on 19.11.2011 at 6.35 p.m. and no explanation for the delay has been furnished. It was further submitted that the entire prosecution story is improbable and unbelievable. The applicant had no motive to commit crime or to harm the sons of the first informant. The injuries suffered by both the victim were not dangerous to life and the applicant has no criminal history to his credit. Learned AGA opposed the prayer for bail and submitted that both the injured knew the applicant from before. On 16.11.2011 at about 8 30 p.m., the injured Rahul @ Akash Verma and Sunny @ Harshit Verma, both sons of first informant- Arun Kumar, were returning to their house after attending an engagement ceremony of an acquaintance. As soon as they turned towards the main street of Vishwas Nagar, the applicant- Irshad and co-accused Deepak came there on motor-cycle No. DL 7- SBJ 9687 and poured acid on them and ran away. The persons assembled on spot informed the complainant, who took his sons to Guru Teg Bahadur Hospital, Delhi. The complainant returned on 17.11.2011 and gave an information at P.S. Sihani Chungi. On 19.11.2011 at 5.30 p.m., both the accused again came to the house of the complainant and threatened again both the injured- sons of the complainant with death. The complainant raised alarm, the neighbours assembled and both the accused were apprehended on spot. The police was also called and the accused persons disclosed their names as Irshad and Deepak. Thereafter, FIR was lodged. It is submitted by learned AGA that though there is a delay in the FIR but after three days from the earlier incident, the applicant and the co-accused again came to the house of the first informant in a dare- devil manner and again threatened the sons of the complainant. The faces of both the injured have been dis-figured. As regards the motive, learned AGA relied upon the statement of injured Rahul @ Akash Verma, who stated that he as well as one girl- Preeti used to teach at Spring Field Public School, Sihani. Preeti had an affair with the applicant- Irshad and was often seen in the company of the applicant. In the engagement ceremony on 16.11.2011, Rahul @ Akash Verma was dancing with Preeti and was talking to her and this was seen by Irshad and resented by him and for this reason, Irshad poured acid on his face and on the face of his brother with intention to dis-figure their faces so that Preeti would not talk to them again.
(3.) THE injured Rahul @ Akash Verma knew the applicant from before. THE applicant had motive to dis-figure the face of Rahul as he did not like Preeti to be in the company of Rahul @ Akash Verma and feeling jealous, he, alongwith the co-accused, poured acid on both the sons of the first informant. Even then the applicant was not satisfied and again visited the house of the complainant on 19.11.2011 and threatened both the injured and was apprehended on spot. Considering all the facts and circumstances of the case, gravity of the offence and dare-devil manner, in which the applicant poured acid on both the injured and after three days, again went to their house to threaten them, I do not find it to be a fit case to release the applicant on bail. THE conduct of the applicant gives rise to a suspicion that if the applicant is released on bail, he would again try to harm the sons of the complainant and, therefore, it would not be proper to release him on bail. The application for bail is accordingly rejected.;