SUNIL Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) By way of the present petition under Sec. 483 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks grant of regular bail in FIR No. 303/2014 dtd. 26/6/2014, under Ss. 302, 307 and 34 of the Indian Penal Code, 1860 and Ss. 25, 27, 25 (54) and 59 of the Arms Act, 1959, registered at Police Station Subzi Mandi, Delhi.

(2.) It is the case of the prosecution that the abovesaid FIR was lodged on the statement of the complainant - Kamal Kumar @ Sonu, on 26/6/2014 who alleged that on 25/6/2014, he along with Harish, Kamal, Rajeev @ Bunty, Sonu @ Pehlwan, Lala, and Giriraj, was partying at Subzi Mandi Railway Station, near Deenanath Road. At around 9:30 PM to 10:00 PM, the accused persons, namely, Karan, Sunil @ Kalu, Deepesh, Sunny @ Rakesh @ Sanjay, Vikrant, and Surender, arrived at the spot and started abusing Lala. When Rajeev @ Bunty and Sonu @ Pehlwan objected to such conduct, the accused persons became agitated and threatened them to remain present at the same place. It is further stated that the situation was, however, pacified by Rajeev @ Bunty, where-after the accused persons left the place.

(3.) At around 11:00 PM to 11:15 PM, while the complainant and his friends again gathered on an empty piece of land outside Subzi Mandi Railway Station, the accused persons came to the said location. The accused persons Sunil @ Kalu, Karan, Dipesh, Surender, and Sunny @ Rakesh were armed with pistols, while the remaining accused persons, including the petitioner, were carrying rods and knives. Upon entering through the gate, accused Sunil @ Kalu allegedly fired a shot in the air.