BARKAT ALI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) In furtherance of last order, current Status Report has already been filed. I heard learned counsel for accused/applicant and learned APP for State assisted by Investigating Officer/Inspector Surender Kumar.

(2.) The accused/applicant, suffering incarceration since 25/7/2021 seeks to be released on bail in case FIR No. 348/2021 of PS Swaroop Nagar for offences under Sec. 302/365/396/412/120B/34 IPC.

(3.) Broadly speaking, the prosecution case is as follows. On 3/7/2021 at about 06:59am, an information was received in PS Swaroop Nagar regarding discovery of a dead body of a male on main G.T. Karnal Road, near Mohan Villas Farm House. The police official who visited the spot found the dead body smeared with blood with deep cut on throat caused by a sharp edged weapon. The crime team visited the spot and collected physical articles of evidence, shifting the dead body to mortuary for preservation and identification after preparation of the MLC. On the basis of the said information, FIR No.348/2021 for offence under Sec. 302 IPC was registered by police station Swaroop Nagar. On 5/7/2021, the body was identified to be of one Satpal Singh and after postmortem, the body was handed over to relatives of the deceased. Further investigation revealed that Satpal Singh was a driver in a transport company and after loading his container with 300 bags of Pan Masala and Zarda, to be delivered in Odisha, he started his journey, in the course whereof he was murdered at main G.T. Karnal Road and his container was looted/robbed. On 7/7/2021, the looted truck was found empty and abandoned at Western Peripheral Way near Bahadurgarh, Haryana and the same was seized by the Investigating Officer. The seized truck was inspected by FSL team, which lifted the blood stains also from the same and sent the same for forensic opinion. In the meanwhile, in case FIR No.238/2021 of PS Bhamora, Bareilly, Uttar Pradesh, the present accused/applicant and his associates Shahid and Rehan were arrested for offence under Sec. 411/414 IPC while trying to dispose of the looted Pan Masala. At the instance of the accused/applicant 30 bags of Pan Masala were recovered by the UP police. On the basis of his confessional statement in custody in the said FIR, the accused/applicant was arrested in the present case. According to prosecution, the said three accused persons in a conspiracy looted the container and murdered its driver.