RAIEES KHAN Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) This petition is filed under Section 439 of the Criminal Procedure Code, 1973 (hereinafter referred as the 'Cr P C) for regular bail in FIR No.84/2020 registered at police station Dayalpur, Delhi for the offences punishable under Section 147 , 148 , 149 , 153A , 505 / 34 Indian Penal Code, 1860 (hereinafter referred as the ' IPC ) to the petitioner/applicant.

(2.) The learned counsel for the applicant says if one peruse this FIR dated 01.03.2020 it refers to GD No.1A dated 25.02.2020 at 00.22.29 hours wherein the information recorded is deceased Shahid received a gunshot injury near Chand Bagh, Peer Baba Mazar, Bhajanpura, Delhi was brought at GTB Hospital by his brother and was declared dead. He further refers to the MLC of even date which record the alleged history of gunshot injury near Chand Bagh, Peer Baba Mazar, Bhajanpura at around 04.00PM on 24.02.2020 as stated by the person accompanying the patient. The patient was declared brought dead in Main Causality of the Hospital at 08.53PM on 24.02.2020. It is alleged in FIR, the gunshot injury was stated to be suffered by the deceased near Chand Bagh, Peer Baba Mazar, Bhajanpura, Delhi on 24.02.2020. The FIR was registered on 01.03.2020 i.e. after a delay of seven days.

(3.) It is argued though the FIR show the place of incident near Chand Bagh, Peer Baba Mazar, Bhajanpura, Delhi, but the status report filed by the State show the incident had occurred at the roof of a building belonging to M/s.Saptrishi Ispat and Alloy Private Limited, 10A, Khasra No.242, Main Wazirabad Road, Delhi and there being a distance of about 900 meters in both the spots.