NARENDER KUMAR AHLAWAT Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present application under Section 439 of the Cr.P.C. has been filed on behalf of the petitioner for the grant of regular bail in FIR N.497/2012, under Sections 302/149/307/147/148/149/323/325/ 342/365/368/395/397/452/120B IPC and Sections 25/27/30 Arms Act, Police Station Mehrauli (Crime Branch).

(2.) Arguments advanced by learned Senior Counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel for the complainant were heard at length.

(3.) The allegations leveled in the present case are that on 17.11.2012 at 11.50 a.m., on receipt of a call, the police reached DLF Farm No.42, Chattarpur where a dead body of Hardeep Singh was found in the guard room. On receipt of another call at 12.28 p.m., police reached the spot where statement of Nand Lal, driver of Hardeep Singh was recorded who stated that on that day he was present at Farm House No.42. One Sonu came running from gate no.3 and stated that 30/40 persons were breaking the gate no.1. When complainant came downstairs, 4 -5 cars having several persons came inside the farm house including Bisht, Anna and Prembir who were working with Ponty Chadha as PSOs. He further stated that Bisht and Anna grabbed him and Bisht handed him over to Prembir who fired two gun shots in the air and told the persons present in the farm house to vacate the farm house. The other persons who came in cars started beating the persons present in the farm house with hockey stick, sword, sticks and dragged out the persons present in the farm house. They put Nand Lal in car and took him to Farm House No.34, Central Drive, Chattarpur and detained him in a room. After sometime, one person came from outside and called the five persons present in Farm House No.34 and then all of them left from there. Nand Lal escaped from the said farm house. On the basis of statement of Nand Lal, FIR was registered. Another call was received by police at 13.20 hours to the effect that Gurdeep Singh @ Ponty Chadha had been admitted as brought dead in Fortis hospital. In the hospital, one Sukhdev Singh Namdhari met the police officials and on his statement FIR No.496/2012 was registered. In the said FIR, it was alleged that on 17.11.2012 at about 9.30 a.m., Sukhdev Singh Namdhari and his friend Gurdeep Singh @ Ponty Chadha went to Farm House No.21 and after that they reached Farm House No.42 but the gate of the said farm house was locked. Narender, Security Manager reached there and opened the lock of the gate with the help of key. Hardeep along with his PSOs reached there and opened fire on Narender. After that Hardeep turned towards them and opened the fire on Ponty Chadha and also fired two bullets towards him. Sachin Tyagi, PSO of Sukhdev Singh Namdhari fired upon Hardeep to save him.