NAUSHAD ALI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is an application filed on behalf of petitioner/accused under Sec. 439, Cr.P.C., 1973 and Sec. 483 BNSS, 2023 for grant of regular bail in case FIR No. 388/2019, registered under Ss. 302/201/34 IPC at Police Station Karawal Nagar.

(2.) The prosecution case in brief is that on 26/9/2019, victim left her house to visit her tuition teacher, Naushad Ali (petitioner herein), but did not return to her house. On 29/9/2019, a PCR call, vide DD No. 8A was made at Police Station Karawal Nagar, regarding a dead body found at Ganda Nala near Sardar Patel School, Karawal Nagar. Police reached at the spot and found a highly decomposed body near Ganda Nala of an unknown female, aged about 25 years. This led to the registration of the present FIR.

(3.) As per the prosecution case, the deceased had gone to visit the petitioner at his house as she was having a love affair with him and was pressurizing him for marriage, but petitioner was already married, and therefore, to get rid of her, he gave danda blow on the head of the victim. Assuming her to be dead, he put her body in a jute sack and called his brother-in-law Rajiq @ Sameer (co-accused herein). Co-accused Rajiq @ Sameer borrowed ECO van of his brother, Md. Shahid Rizwi on the pretext of taking his sister to hospital, but, in fact, the ECO van was used by the petitioner and co-accused to dump the body of the victim in Ganda Nala at Karawal Nagar.