New Delhi, Jun 9 (PTI) A Delhi court has granted bail to a youth held in an attempt to murder case observing he was no longer required for investigation.
Additional Sessions Judge Saurabh Kulshreshtha referred to a CCTV footage, relied upon by Delhi Police to support its claims against 20-year-old Krish Arora.
"On going through the CCTV footage, I am of the opinion that the same does not prima facie support the chain of events as described in the FIR," the court said.
The CCTV footage, the June 6 order noted, did not show that the complainant's car parked behind the white sedan of the accused whereas it showed the complainant arguing with the co-passenger of the white sedan when the accused returned from a shop.
Arora was booked by Ranjit Nagar Police Station on charges of causing grievous hurt and attempt to murder.
During the intervening night of May 25-26 May, complainant Tarun Kumar and his friends got into a heated altercation over honking with Arora, who allegedly rammed his car into Kumar and escaped from the spot.
The court observed the submissions of Arora's counsel Prashant Diwan who disputed the chain of events in the FIR, and argued his client was "consciously engaged" by the complainant in a scuffle, and he had only exercised his right of self-defence.
Arora’s conduct, prima facie, did not appear aggressive the CCTV footage showed Arora trying to escape the scene by reversing his car, the court said.
This, the judge observed, was explained by his counsel as leaving the spot to protect himself from Kumar and his associates.
"The CCTV footage further shows that the complainant and his associates charged towards the car of the accused in the middle of the road and purportedly tried to stop the accused. When the accused was trying to escape from the spot, the complainant landed on the bonnet of the accused’s car," the judge said.
The court observed there was neither CCTV footage to establish Kumar was dragged for a considerable distance, nor did the prosecution explain why Kumar was stopping Arora when the accused did not cause any accident or assault the complainant.
"All these issues will have to be considered during the trial. Whether the incident took place in the purported exercise of the right of self-defence by the applicant accused, or it was a rash and negligent act, or simply an accident which occurred because the accused was trying to escape from the spot, will again be considered during the trial," the judge said.
The accused was observed to have been in custody since May 25 and found to be a "young boy" who had no criminal history.
"The applicant or accused Krish Arora is ordered to be admitted to regular bail on furnishing a bail bond of Rs 30,000 with one surety in the like amount," the court held.