SHEKHAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Regular Bail Application under Sec. 439 of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") read with Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as "BNSS") has been filed by the Applicant/Shekhar in FIR No. 487/2018 under Ss. 302/120-B/34 of the Indian Penal Code (hereinafter referred to as "IPC") and Ss. 25/27 of the Arms Act, 1959, registered at P.S. Bawana.

(2.) Briefly stated, on the evening of 26/12/2018 at about 07:30 PM, the victim, Manoj Kumar, resident of Bawana and known to have a criminal background, was shot dead near Bawana Chowk. The victim sustained a gunshot wound in the head and was declared "Brought Dead" at M.V. Hospital, Pooth Khurd, Delhi. A PCR call was received on 26/12/2018, and the FIR No. 487/2018 was registered under Sec. 302 IPC and 25/27 Arms Act at PS Bawana.

(3.) The initial investigation found a lot of blood, an empty cartridge (KF 7.65), and a lead (bullet) on the road and footpath. No immediate eyewitnesses or CCTV footage provided a clue. The victim was a known criminal associated with Neeraj Bawania gang. The investigation revealed that the murder was suspected to be due to an ongoing gang rivalry, allegedly orchestrated by jailed gangster Rajesh @ Karamveer.