ARMAN Vs. STATE GOVT. OF NCT

JUDGEMENT

(1.) The present bail application has been filed by the petitioner seeking interim bail for a period of 45 days in case FIR No. 14/2019 under Sections 302/147/148/120B/34 IPC and Section 25/27 Arms Act registered at P.S. Welcome, Delhi.

(2.) Briefly stated, the present case was registered on the basis of the statement of one Roshan Aara (wife of deceased) who as per the case of the prosecution is the alleged eye witness of the case. The complainant in her statement alleged that on 11/01/2019, she along with her husband namely Mahfooz went to Welcome Kabristan Delhi, to read Fatiya (Prayer) on the graveyard of her daughter Aaliya. At about 1:00 p.m. when she was sitting near the graveyard of her daughter Aaliya in Welcome Kabristan, in the meantime Salim, Shehjad @ Buraiya, Riyajuddin @ Billi, alongwith 2/3 other persons came there. Salim, Shehjad @ Buraiya, Riyajuddin @ Billi, were having fire arms. Ajeem's wife Hina was also present near the gate and she was instigating the accused persons that "Aaj ise nahi chodna khatam kar ke jana". The complainant further alleged that Salim, Shehjad @ Buraiya, Riyajuddin @ Billi alongwith 2/3 other persons shot her husband by deadly weapons (firearm) and all the accused ran away from the spot. With the help of the other people she took her husband to Jag Pravesh Hospital, Delhi where the doctor declared him dead.

(3.) The investigation was taken up. On 12.01.2019, complainant Roshan Aara (eye witness) joined the investigation and she further stated that in the murder of her husband, Arman @ Kallu @ Chikara (present petitioner) alongwith his other associates was also involved. IO recorded the supplementary statement of complainant U/s 161 Cr.P.C. On 13.01.2019, the present petitioner was arrested on the identification of the complainant.