A Delhi court docket has denied bail to 2 males accused of assaulting a Delhi Police constable, whom they allegedly confronted after they overheard him speaking to his colleagues about kicking his drug behavior and selecting power drinks as an alternative.
Whereas dismissing the bail purposes of the 2 males — Salman Khan and Mohammad Sonu — Further Classes Decide Sandeep Garg additionally held that it isn’t important that the sufferer ought to have sustained grievous accidents to draw part 308 (Try to commit culpable murder) of the IPC, the invoking of which the defence had opposed.
Further Public Prosecutor Mohammed Iqrar informed the court docket that the complainant was a Delhi Police constable posted at Kapashera police station. On June 8, whereas out on an obligation break, the constable was shopping for jaljeera from an area retailer when he got here throughout two different policemen passing by.
“The constable informed the 2 different policemen that he had give up medication and was now taking power drinks like jaljeera. Co-accused Salman Khan, who was current there, used abusive language towards these cops, upon which the complainant requested him as to why he was abusing policemen…Salman Khan then began abusing the complainant and known as different individuals, together with the applicant/accused,” the prosecutor informed the court docket.
Later, because the constable was going residence, he was adopted and crushed by the accused males with bricks and sticks. The policeman’s brother was additionally assaulted by the accused, his grievance states.
Advocate Hari Shankar, the lawyer for the accused, informed the court docket that they had been falsely implicated within the case, and alleged the constable was concerned within the sale of medication.
Shankar additionally argued that the accidents sustained by the constable had been easy in nature and subsequently an offence part 308 of the IPC was not made out.
“With out hospitalisation of lower than 20 days in a critical situation, Part 308 IPC is just not made out towards the applicant/accused. Police has not carried out truthful investigation. Complainant is concerned in sale of medication,” Shankar informed the court docket.
The court docket in its order mentioned the allegations levelled towards the accused are grave and do entice part 308.
“Part 308 IPC is prima facie made out as complainant was attacked with bricks, bangle (kada) and sticks on his head, which is an important a part of the physique,” the court docket mentioned.