JOGENDER Vs. STATE

JUDGEMENT

(1.) Petitioner in this petition, along with three other persons, namely, Rahul @ Jat, Dharmender Dubey and Aatur Tyagi is accused in FIR No. 448/2020 under Section 307/34 of Indian Penal Code, 1860 (IPC) and Sections 27/54/59 of Arms Act, 1959, registered at police station Moti Nagar, Delhi. He was taken into custody on 23.06.2020 and since then he is behind the bars. By the present petition, he is seeking his release on bail.

(2.) Charge sheet and supplementary charge sheet in this case have already been filed against the petitioner and other accused persons.

(3.) As per the charge sheet, case of the prosecution is that on 13.06.2020 on receipt of DD No.4A, Investigating Officer reached ABG Hospital and collected MLC No. 3289/2020 of injured- Dhurender Singh and came to know about referral of injured to the RML Hospital. On the MLC, doctor had opined "A/ H/O assault followed by gunshot injury at Basai Darapur. Entry wound approx. 1.5-2 cm present over (R) Gluteal region (approx. 4-5 cm Deep) and patient was conscious and oriented". Nature of injury on the MLC has been mentioned as "OR". Thereafter, Investigating Officer recorded statement of the injured.