BHUPENDER SINGH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This petition under Sec. 439 CrPC is for grant of regular bail to the Petitioner in FIR No. 85/2021 registered at Police Station GTB Enclave for offences under Ss. 186, 353, 332, 307, 224, 225, 482, 392, 397 and 120B IPC read with Ss. 25 and 27 Arms Act. The Petitioner was arrested on 28/3/2021.

(2.) Briefly stated, the facts, as given in the FIR are that on the statement of ASI Braham Pal posted at Mandoli jail, the instant FIR was registered. It is stated that under-trial high risk prisoner Kuldeep @ Fajja, belonging to Gogi Gang, was taken to the OPD at GTB Hospital from Mandoli Jail. It is stated that after the check-up, Kuldeep @ Fajja was being taken back, and outside the building a group of 10-12 boys attacked the group of policemen. Two of the accused persons, who were minors, threw chilly powder in the eyes of the police. Two persons were injured badly in the cross-firing at the hospital and one of the injured passed away. The scene of crime was seized and the bullet shells, cartridges, samples of blood stains, earth from the site and a Scorpio car bearing number plate DL-4C-NB- 5751, were taken into police custody and were sent for forensic examination. The assailants succeeded in helping Kuldeep @ Fajja escape from the jail custody. It is stated that Kuldeep @ Fajja reached Jaipur Golden Hospital where the petitioner herein met him and he took him to the residence of one Yogender Dahiya on his scooty at Rohini.

(3.) The petitioner was arrested on 28/3/2021. It is stated that the scooty on which the petitioner and Kuldeep @ Fajja escaped was seized by the Police.