HONEY TYAGI Vs. STATE(NCT OF DELHI)

JUDGEMENT

(1.) The applicant seeks interim bail for four weeks in FIR No. 359/2022 for offences under Ss. 302/34/120B IPC and Ss. 25/27 Arms Act, registered at PS Narela Industrial Area.

(2.) Broadly speaking, the prosecution case is as follows. On 7/5/2022, FIR No. 359/2022 was registered under Ss. 302 IPC, wherein it was recorded that the incident pertained to the alleged murder of one Brahm Prakash near the crossroad at Firni Road, Khera Khurd Village, Delhi. The deceased was found with visible gunshot injuries, particularly to the head and face, and nine empty cartridges were recovered from the spot. The manner and location of the injuries indicated deliberate use of a firearm with the intent to kill. Local residents present at the scene denied witnessing the incident, and no suspects were named in the FIR at that stage.

(3.) Following investigation, the police concluded that the killing of Brahm Prakash was a premeditated act, arising out of inter-gang rivalry. It was alleged that the murder was orchestrated by one Parvesh Mann @ Pravesh, who was lodged in jail at the time, as a retaliatory act against Kapil Mann, a known affiliate of the rival Gogi gang and the son of the deceased. The chargesheet dtd. 5/8/2022 was filed under Ss. 302/34/120B of the IPC and Ss. 25/27 of the Arms Act against several accused including Dev Tyagi, Ankit Tyagi, Amit @ Mittu, Pawan @ Pona, and Parvesh Mann. Honey Tyagi @ Nishant Bhardwaj, who is the present applicant was declared absconding.