SUJEET Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant suffering incarceration for the past two and a half years seeks to be released on bail in case FIR No. 718/2022 of PS Bindapur, Delhi for offence under Ss. 302/120B/393/397/34 IPC and 25/27 of the Arms Act.

(2.) I have heard learned counsel for accused/applicant, learned counsel for complainant de facto and learned APP assisted by Investigating Officer/ Insp. Rajpal.

(3.) Briefly stated, prosecution case is as follows. On the night intervening 9/10/2022 and 10/10/2022, DD No. 7 and 8 were recorded at PS Bindapur regarding firing incident at Manas Kunj, Uttam Nagar, Delhi. By way of DD No. 14A, an information was received from the hospital that an injured person namely Mohit Arora was brought dead on account of a gunshot injury. The crime team visited the spot and found one bullet lead, a motorcycle, a scooty and blood stains, all of which were collected and seized. Statement of Mr. Rohit Arora, brother of the deceased was recorded, who stated that on the fateful night, he along with the deceased were going home from their shop of ladies garments and when they reached near home, two persons came from the opposite direction on motorcycle and tried to stop them; that one of the motorcycle-borne persons tried to snatch the money bag, after which both the brothers fell down from their scooty and tried to run away but were followed by the assailants, leaving behind their motorbike and after some distance, one of the assailants fired at the deceased. The entire incident was captured on CCTV. The accused persons namely Satender and Mohd. Faizan on their arrest were interrogated and they disclosed that it is the present accused/applicant who had tipped them off that the deceased would be carrying huge amount of money. On the basis of the said disclosure statement, the accused/applicant was arrested.