MUSTKEEN Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) By way of the present application, the applicant is seeking regular bail in case arising out of FIR bearing no. 208/2022, registered at Police Station IP Estate, Delhi for the commission of offences punishable under Ss. 302/307/120B/34 of the Indian Penal Code, 1860 [hereafter 'IPC"] and Ss. 25/27 of Arms Act, 1959.

(2.) Brief facts of the case, as per prosecution, are that on 13/6/2022, information regarding the murder of one Farman was received at PS IP Estate, Delhi vide DD No. 3A. The complainant, Md. Idreesh, father of the deceased, stated that his son Farman was married to one Aliya, but their marital life was strained due to interference by Aliya's sister, Samreen. It was alleged that Samreen instigated her husband, Raj Kumar @ Bhola, against the complainant's family, leading to several altercations between Raj Kumar and the deceased. The complainant alleged that on 12/6/2022, he and his son Farman were present at their house, when the co-accused Raj Kumar @ Bhola came outside, and called out Farman. As soon as Farman stepped out, he was attacked by Raj Kumar, who also stabbed him multiple times with a knife. When the complainant went outside to help save his son, Raj Kumar had allegedly called the present applicant Mustkeen and asked him to ensure that neither Farman nor his father (i.e. the complainant) survives. Thereafter, Mustkeen had allegedly started hitting Farman, who was already injured, while Raj Kumar had started attacking the complainant Md. Idreesh, who also sustained facial injuries. On the basis of these allegations, the FIR was registered. During investigation, statement of one eye-witness Sonu @ Mogli was recorded, who revealed that Raj Kumar @ Bhola and Mustkeen, with the help of their associates, had murdered Farman by stabbing him and had also tried to murder Md. Idreesh and had later fled away from the spot. His statement under Sec. 161 of Cr.P.C. was also recorded wherein he specifically revealed that both Raj Kumar @ Bhola and Mustkeen had stabbed the deceased, while other accused persons (their accomplice) had blocked the road/lane.

(3.) During investigation, the post-mortem of Farman revealed death due to haemorrhagic shock resulting from multiple ante-mortem stab injuries. Accused Raj Kumar, Mustkeen, and Samreen were arrested and, during custodial interrogation, disclosed their involvement in the crime. Raj Kumar admitted that he and his wife Samreen had conspired to kill Farman and the complainant due to personal enmity. The conspiracy was allegedly hatched on the same day at Haldiram Restaurant, Janpath, and relevant CCTV footage and call recordings between the accused were recovered. Blood-stained clothes and shoes were recovered from the accused's car, and the weapons of offence were recovered at the instance of Raj Kumar and Mustkeen. CCTV footage from the PWD captured the incident, showing six individuals arriving at the spot, and Raj Kumar and Mustkeen stabbing Farman.