SHEKH RAFIQ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present application seeks regular bail under Sec. 439 of the Code of Criminal Procedure, 1973 "CrPC" (now Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) in connection with FIR No. 280/2019 dtd. 22/5/2019, registered at Police Station Bhalswa Dairy, for offences punishable under Ss. 302/34 of the Indian Penal Code, 1860 "IPC". Factual Matrix

(2.) The case of the prosecution is that FIR No. 280/2019 dtd. 22/5/2019 was registered in relation to the death of Mukeem @ Akash.

(3.) On 22/5/2019, the complainant Akhtar stated that he saw several persons namely Ramzan, Raees, Shekh Rafiq (petitioner), Wahiddul, Dilshad and Rahim @ Anvar @ Sanvar arriving from the jhuggi side on four motorcycles, and that Rahim @ Anvar @ Sanvar was allegedly carrying a chapad (knife). It is further the prosecution case that the said persons were proclaiming that they had killed Akash and that they would kill anyone who fought with them.