MOHD.BILAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition has been preferred by the petitioner seeking bail in FIR No.138/2020, under Sections 147/148/149/435/186/ 353/188//302/ 201/120B IPC and Section 27 of Arms Act, 1959, registered at police station Welcome, Delhi.

(2.) The FIR in question pertains to the incident of riots in North-East Delhi on 25.02.2020 in which one person, namely, Mohd. Mudhasir, aged around 30 years, had lost his life. Upon a telephonic information received from GTB Hospital, Delhi that a person in injured and unconscious state has been brought to the hospital by his wife and was declared brought dead. Accordingly, pursuant to DD No. 53 A, the investigating team came into motion and reached the hospital and collected the MLC by the Investigating Officer. In the MLC it was mentioned that the patient was brought dead in main casualty in unconscious and unresponsive state with A/H/O lying unconscious due to a bullet shot. During investigation, post mortem of the deceased was conducted at GTB Hospital on 27.02.2020 and seizure memo of exhibits was prepared. In the post mortem report the doctor opined the cause of death as "shock as a result of ante mortem injury to head produced by projectile of fire arm ".

(3.) During the course of further investigation, on 28.03.2020 statements of Yasin Khan, father of deceased; Yusuf Khan, brother of deceased and Ashiya malik, wife of deceased was recorded.