SOMRAJ Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed under Sec. 439(2) read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.'), praying for cancellation of the anticipatory bail granted to the respondent no.2 vide Order dtd. 7/3/2022 of this Court in Bail Appln. No.267/2022 titled as Bimlesh Maan v. State.

(2.) It is the case of the prosecution that on 18/10/2021, the petitioner herein was travelling in his Fortuner car, being driven by his driver Shafiq @ Lucky, while returning from the court to his house. At about 12.40 PM, when he reached Negi Dhaba, Kishangarh, Delhi, 4-5 assailants fired on him. One of the fired shots struck his driver Shafiq @ Lucky, who was then rushed to the Fortis Hospital. He raised a suspicion of the said attack on Sanjay Mehlawat and Harender Mann, as he suspected that they have attacked him to take revenge as he was accused of having killed Ashok Maan, uncle of Harender Maan, in February, 2020 and was facing trial for the same along with his brothers Davender @ Dev and Dharmbir @ Kalu in FIR No.57/2020.

(3.) It is the case of the prosecution that four of the accused were arrested in FIR No.266/2021 registered at Police Station: Special Cell under Ss. 25/54/59 of the Arms Act, 1959, and two pistols and one Desi Katta along with 50 live cartridges were recovered from them. They disclosed their involvement in the present case. Further co-accused were also arrested in the said case.