IRFAN Vs. STATE, NCT OF DELHI

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in case FIR No. 592/2017, under Ss. 302/307/120B/34 IPC and 25/27 of Arms Act registered at P.S. Jafrabad, Delhi.

(2.) Briefly stated, the facts of the present case are that on 22/10/2017 at about 9:15 PM, Md. Sajid S/o Jalil Ahmed and Sajid S/o Shadik were standing at Braham Puri Road Delhi. Then Wajid and Faiz came there on Scooty. In the meanwhile, Rashid @ Golu, Bada Imran, Mumtaz and their other three associates came there on two motorcycles and chased down Wajid and Faiz. On seeing them, Wajid and Faiz turned back their Scooty. In the meantime one of them fired at Wajid and Faiz and one bullet hit Fiaz as a result of which the Scooty got imbalanced and stopped. Faiz stood there and Wajid started running on Brahampuri Road but above riders chased down Wajid on motorcyccle, then Wajid entered into a house but they also entered in the same house. Rashid @ Golu along with others were present in front of the house with weapon. Then Wajid jumped from the balcony of the house. Meanwhile Rashid @ Golu, and his associates fired several bullets upon him with sophisticated automatic weapon. Thereafter, Faiz was taken to Jag Pravesh Chander Hospital, Shastri Park, Delhi and due to firing Wajid found dead at the spot.

(3.) Thereafter statement of Sajid S/o Jalil was recorded and on the basis of the statement given by the complainant (Sajid), MLC and circumstances of the events, a case vide FIR No. 592/17, Dt. 23/10/17, u/s 302/307/120B/34 IPC and 25/27 Arms Act was registered at PS Jafrabad Delhi and the investigation went underway.