MOHD AYUB Vs. STATE

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeking grant of regular bail in FIR No. 641/2021 dtd. 6/11/2021 registered at Police Station Govindpuri for offences under Ss. 302/201 of the Indian Penal Code,1860 ('IPC').

(2.) The present FIR was registered on the complaint of Sarath Kumar (son-in-law of the deceased) alleging that on 5/11/2021, while he along with his wife and in-laws was lighting crackers, at around 09:15 p.m., Rajender Kumar @ Tambi (deceased) went to D-287, Navjeevan Camp, Govind Puri, Delhi for gambling, where he used to go quite often. It is further alleged that at around 12:00 a.m., when the Mother-in-law of the complainant tried to call the deceased, she could not reach him and at around 01:00 a.m., the phone of the deceased was switched off. Thereafter, at around 04:30 a.m. three to four women came to the house of the deceased and told the family members that his body was lying in the drain in injured condition in front of D-102, Navjeevan Camp, Govind Puri, Delhi. When the family members reached there, they saw that the deceased was lying on his face and when they pulled him out of the drain, they found that there were knife stabs at 4-5 places on his body and he was in the stage of unconsciousness. The family members took him to Safdarjung Hospital, where he was declared 'brought dead'. This led to registration of the present FIR and, on further investigation, it was found that the alleged incident took place at D-287, Navjeevan Camp, Govind Puri, Delhi, and one public witness, namely, Ravinder alleged that he was residing at the ground floor of his Sister-in-Law's jhuggi and she had rented the first floor to one of the accused, Mohd. Ajaj. It is further alleged that Mohd. Ajaj and his relative, Mohd. Ayub used to run gambling house and take entry fees from the persons who used to come for gambling. Ravinder further alleged that on the intervening night of 5th-6/11/2021, the accused persons, in connivance with each other, assaulted Rajinder Tambi to death and wrapped his dead body in a bedsheet, dumped it into a small drain and washed the place of the alleged incident.

(3.) The statement of the witnesses, namely, Ravinder, Taufik Hussain, and Sunny were recorded under Sec. 161 of the CrPC. The chargesheet in the present case was filed under Ss. 201/34 of the IPC and, subsequently, charges have been framed against the applicant/ accused under Ss. 302/201/34 of the IPC.