SAMIR Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No.753/2022 of PS Welcome for offences under Sec. 302/212/120B IPC and 25 Arms Act. After last date, status report was filed. I have heard learned counsel for the accused/applicant and learned APP for the State assisted by IO/Inspector Gianender Singh.

(2.) Briefly stated, prosecution case flowing from the FIR registered on the statement of brother of the deceased is as follows. On 1/12/2022, at about 11:30pm, when he was going to purchase medicine for his mother on his father's scooty and reached near M.R. Medicos, he heard a sound of a bullet fire. On going towards the lane from where the sound of firing had come, he saw the accused Kamran and Saifu, both carrying pistols and they aimed the same towards him, so out of fear, he turned to the other lane. After some time, he returned to his lane to find that his brother Nabeel was lying in a pool of blood, surrounded by many persons. When he picked Nabeel, the latter told him that he had been shot at by Kamran and Saifu. On being taken to hospital, Nabeel was declared brought dead.

(3.) On behalf of the accused/applicant, it is argued that the accused/applicant is not named in the FIR and has been falsely implicated. The accused/applicant is in custody since 10/12/2022 and chargesheet has been filed but charges are yet to be framed.