SHIVAM SHUKLA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 "CRPC", seeking enlargement of the petitioner on regular bail in connection with FIR no. 288/2019 registered at Police Station Gazipur, Delhi, registered under Ss. 302/34 of the Indian Penal Code, 1860"IPC".

(2.) As per the contents of the chargesheet that has been placed on record, the crime in question took place on the night of 26/8/2019.That night, the complainant's behenoi (sister's husband) and cousin along with one other person were consuming alcohol at a textile factory, which was owned by one amongst the four of them.

(3.) They left the factory at around 10.45 pm on a bike and halted near a temple in the locality.Agreeing to purchase more alcohol, two of them left on the bike and the other two persons (complainant and the deceased) remained at the spot. The complainant, after answering nature's call, states that he saw a black motorcycle arrive at the scene of the crime, upon which three persons were seated.Out of these three persons, the third person seated at the back of the motorcycle wassaid to have been holding a knife.