ORDER

Prakash D. Naik, J. - The applicant is seeking bail in connection with Sessions Case No.754 of 2016, arising out of C.R.No. 92 of 2016, registered with M.I.D.C. Police Station, and subsequently investigated by crime Branch SIT vide C.R.No.12 of 2016.

2. The brief facts stated in FIR lodged by Pradyumna Yadav are as follows:

(a) The First Information Report ("FIR", for short) lodged by Shri Pradyumna Yadav with MIDC Police Station on 7th February, 2016, vide C.R.No.92 of 2016, alleging that the first informant was posted as Police Sub inspector in Haryana State Police force. He was working with the Crime Branch Unit IV, Sector 10 Gurgaon as Police Sub Inspector.

(b) On 4th October, 2015, one Ashok Gujjar was shot dead by Sandip Gadoli a known criminal. Shri Ashok Gujjar was driver of one Binder Gujjar, another criminal. The offence was registered in connection with the said incident under Section 302 of IPC read with section 25 of the Arms Act vide CR No.1271 of 2015 with Gurgaon City Police station.

(c) On 4th October, 2015, at about 9:30 hrs., Manish Khurana, Associate of Sandip Gadoli was shot and injured. FIR was registered vide C.R.No.1272 of 2015 under Sections 307, 148 and 149 of IPC and section 25 of Arms Act with city Gurgaon police station.

(d) Special investigating team was constituted by DCP West Gurgaon to investigate the two cases and the investigation was entrusted to Police Sub Inspector Pradyumna Yadav.

(e) Binder Gujjar is involved in offences like murder, attempt to murder, firing, kidnapping and about 24 cses are registered against him with various police stations in city of Gurgaon. Whereas, Sandip Gadoli is involved in similar offences and offences of extortion, robbery and 40 cases were registered against him.

(f) On 5th Februry, 2016, Crime Branch, received information through reliable source regarding whereabouts of Sandeep Gadoli at Bhiwadi, Rajasthan. Based on such information, police team started search operations and went to Bhiwadi Rajasthan. On 5th February, 2016, while the police team reached Bhiwadi, they learnt that the aforesaid accused has left Bhiwadi, Rajasthan for Jaipur along with his associates. The search team then proceeded towards Jaipur on same day and reached there at about 6:30 p.m. on the basis of location/interception of mobile phones, it was revealed that the aforesaid persons and his associates are proceeding to Ajmer from Jaipur. The investigating team proceeded to Ajmer.

(g) On 6th February, 2016, information was received that Sandip Gadoli and his associates reached Mumbai. The police teams then proceeded to Mumbai. They reached Mumbai on 7th February, 2016.

(h) On 7th February, 2016, as per the source information, it was learnt that the gangster Sandip Gadoli is staying in Airport Metro Hotel in Mumbai. The police teams then reached the said hotel. Information was gathered about the room occupied by the aforesaid gangster. It was revealed that he was occupying room no.107. It was also learnt that the wanted accused would check out hotel shortly. The hotel record was checked and it was found that the gangster gave driving licence in the name of one Rishabh Singh, as proof of his identity. One of the team members contacted the police for their support.

(i) Inspector Amit, constables Rajbir and Jitendra waited outside hotel. Constable Anil and Deepak were instructed to wait near reception gallery. Rajbir was told to inform local police and police control room and seek their assistance.

(j) The room boy was asked to knock the door of room no.107. The door was opened. The police entered the room, they asked the gangster Gadoli to surrender. The gangster removed the pistol kept below pillow and fired towards the police.

Apprehending danger, the policemen fired the shots towards Gadoli. The girl accompanying Gadoli came out shouting from bathroom. Gadoli pointed revolver and came towards police. The policemen tried to snatch pistol from Gadoli. There was scuffle. Gadoli fire