ANIL KAURA @ SACHIN Vs. STATE

JUDGEMENT

(1.) This is an application filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. on behalf of the petitioner for grant of regular bail in case FIR No. 181/2018 dated 17.03.2018 under Sections 302/307/34/120-B/201 IPC and Sections 27/54/59 of Arms Act, registered at Police Station Mehrauli.

(2.) In brief, the above said FIR was registered on the statement of the complainant Rakesh Kumar. According to the complainant, he is the President of A, B, C Block Chattarpur Enclave and one Jaidev is the Vice President. According to him, Sandeep Gupta and Ashish Kochar are the builders of the area and violate the building plan and they also do not agree to the request of the complainant to keep the ground floor portion of the properties reserved for parking. According to the complainant, because of this, both Sandeep Gupta and Ashish Kochar are inimical towards him and Jaidev and they had even threatened them many times. According to the complainant, on the night of 16.03.2018, when he along with his son Nitin and Jaidev was coming from F2B Farm Fatehpur Beri after attending a party and when at about 11:30 p.m. they reached at the corner of C-14, Chattarpur Enclave, to drop Jaidev, he saw Sandeep Gupta, Ashish Kochar and Sachin Gupta (petitioner) present there. When Jaidev got down from the car, he was caught by Sandeep Gupta and Ashish Kochar and they started abusing him and also started giving him beatings. In the meanwhile, on hearing the noise, Sumit, son of Jaidev and Gaurav Chaudhary, son of the complainant, came at the spot.

(3.) According to the complainant, accused Sandeep Gupta started saying that since they all create hurdle in building the properties so they should be taught a lesson. In the meanwhile, Ashish Kochar took out a gun from his pant and accused Sandeep Gupta tried to catch the complainant and exhorted to Ashish that all these people should be shot. Hearing this, according to the complainant, accused Ashish fired at the complainant but he was saved by his son Nitin as he pushed him. In the meanwhile, accused Ashish Kochar shot Nitin, son of the complainant, who received injury on his head and hand. Thereafter, when Sumit, son of Jaidev, tried to stop them, then accused Sandeep Gupta caught hold of his hand and exhorted Ashish Kochar to shoot him. On this, accused Ashish Kochar shot Sumit in his chest who fell down and at the same time gun of Ashish Kochar also fell on the ground. Accused Sachin (petitioner), who is the brother-in-law of co-accused Ashish Kochar, picked up the gun and they all escaped from the spot in a car. According to the complainant, he along with Jaidev and other public persons removed Sumit and Nitin in a private car to Fortis Hospital where Sumit was declared dead and his son Nitin was admitted for treatment.