ABHIJEET GHOSH Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The applicant who is in custody since 31.01.2018 in FIR No.717/2017, PS Dabri for the alleged commission of offences punishable under Section 302 r/w Section 34 of the Indian Penal Code, 1860 and Section 25 r/w Section 27 of the Arms Act, 1959 seeks the grant of regular bail vide the present bail application no.1447/2019.

(2.) The status report submitted by the State by Inspector Ram Kishan AATS Dwarka District has stated the facts of the case to the effect that on the intervening night of 15/16.11.2017 one Manmohan @ Don was shot dead at H-2/36 1st floor Bengali Colony Mahavir Enclave New Delhi and that the above said case was registered at Police Station Dabri on the complaint of Vikas Chander Kundu (resident of the same building) stating therein that at about 11.20 PM on his having heard the noise of a fight coming from the residence of the accused persons, he went to intervene, however the accused Sujeet Ghosh (i.e. the father of the appellant herein) seeing him shut the door of the flat and that he i.e. Vikas Chander Kundu had recognized the voice of Manmohan Singh and told their neighbour regarding the quarrel and when the police came he saw Manmohan lying on the floor in a pool of blood and that he suspected that Manmohan had been shot by Sujeet Ghosh and his sons and was shifted to the Maharaja Agarsen Hospital and was declared brought dead.

(3.) It was further submitted through the status report that on investigation it was found that the deceased Manmohan was a well known businessman, builder and contractor of the area and he had constructed the house of the accused persons about 10 years ago and since then he was having business relations with the accused persons and that earlier they were running a non-veg shop in the name of Bengal Fish Hub in partnership at the Mahavir Nagar Bangali Colony area; the father (Sujeet Ghosh @ Bhola) of the present applicant being of Bengali origin had knowledge of fishes hence he used to purchase fish, make them ready for sale and give directions to the workers before going to his office; that during the day time, the mother of the applicant accused i.e. Ms. Shashi Ghosh used to run the shop and that the locality being dominated by Bengali people, their business flourished and was established and that they were earning a handsome profit in the business; but suddenly the deceased Manmohan dissolved the partnership of the shop and removed the Ghosh family (accused persons) from the shop blaming that the accused persons had embezzled the money and that a flat was given to the accused persons in place of the partnership share in the shop; that the cost of the flat was kept Rs.5 lakhs higher than the partnership share, hence the accused persons had to pay Rs. 5 Lakhs to the deceased and that in addition to this the deceased had also provided a loan of Rs. 20 Lacs to one Sonu Gupta on the pursuance and assurance of Sujit Ghosh (father of the present applicant).