MONU Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) The present application is filed seeking regular bail in FIR No. 332/2021 dtd. 9/5/2021 registered at Police Station Raj Park for offences under Ss. 302/34 of the Indian Penal Code, 1860 ('IPC') and Ss. 25/27 of the Arms Act, 1959.

(2.) The FIR was registered on a complaint given by Manish, who is an eye-witness of the alleged incident. It is the case of the prosecution that all the accused persons entered into a criminal conspiracy to commit the murder of Sumit @Summy (hereafter 'the deceased'). It is alleged that on 8/5/2021, Sumit was present at a park at Mangol Puri. It is alleged that at that time, the accused persons came to the park and started shouting 'police police", hearing which, the deceased attempted to run away. It is alleged that thereafter the deceased was restrained by the accused persons, and when the deceased tried to run away from the accused persons, the applicant fired a shot in the air. It is alleged that in the meantime the other four accused persons namely Rajan @ Gujji, Sagar @ Besto, Sagar @ Daud, and Sahil @ Nakka, who were carrying dandas and knives in their hands, started mercilessly beating the deceased who then fell down on the walking track. It is alleged that the deceased was taken to the hospital by his friends, namely Manish and Deepak, who were present at the spot. It is stated that upon reaching the hospital, the deceased was declared dead.

(3.) During the course of the investigation, four accused persons namely Rajan, Sagar @ Besto, Sagar @ Daud, and Sahil were apprehended. The accused persons, in their disclosure, stated that the applicant hatched a conspiracy to carry out the entire incident, and also allegedly provided the weapons in order to commit the murder of the deceased.