ISHWAR SINGH Vs. STATE AND ANR.

JUDGEMENT

(1.) This petition is filed by petitioner seeking regular bail in FIR No. 268/2020 under Sec. 302 IPC and Ss. 25/27/54/59 Arms Act registered at police station Gulabi Bagh.

(2.) In brief the facts of the case are that on 11/12/2020 SI Anjani Kumar received a PCR Call that "metro pillar no 142 Pratap Nagar Ek admi ko Goli Lagi Hai". Thereafter, he along with other staff reached the spot where victim later identified as Vikas Garg was found injured with gunshot at the spot with his motor cycle nearby. It is alleged that Vikas was shifted to Hindu Rao Hospital where he was declared brought dead and no eyewitnesses were found at the spot. Thus, the case FIR No. 268/20 under Sec. 302 IPC and Ss. 25/27/54/59 Arms Act was registered.

(3.) During the investigation of the case, on 13/12/2020 an eye witness, namely, Kamlesh was found, who narrated the whole incident, that he plied Vikram Tempo and carried goods. On 11/12/2020 four bike riders on two motor cycles tried to rob the deceased of his bag and when he did not leave the bag one of them shot him and they all fled away taking the bag with them. He also disclosed the number of one motor cycle as DL5SBT 3904, hence on 14/12/2020 initially the accused Harish was arrested on the basis of ownership of the motor cycle which belonged to his bhabhi Pushpa, and Ss. 392/395/396/412/120B/34 IPC were added in the case.