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2020 Supreme(Del) 609

ANUP JAIRAM BHAMBHANI
Firoz Khan – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
Ms. Rebecca John, Sr. Adv. with Mr. Bilal Anwar Khan, Adv, for the Applicant; Mr. Hirein Sharma, APP for the State, for the Respondent

JUDGMENT

Anup Jairam Bhambhani, J. (Oral) - The applicant, who was taken into custody on 03.04.2020 in case FIR No. 105/2020 registered on 04.03.2020 under sections 147/148/149/427/436 IPC at PS : Dayalpur, seeks regular bail inter-alia on the grounds that he has neither been named in the FIR nor is there any allegation in the FIR nor any other material collected during investigation, that would identify the appli-cant as one of the perpetrators of the offences alleged.

2. Pursuant to order dated 26.05.2020 made in this matter, along with its additional status report dated 27.05.2020, the State has placed on record supplementary statement dated 10.04.2020 of complainant/ Mohd. Shanawaj/Shanawaz recorded under section 161 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short). The first statement of the complainant, on the basis of which the FIR was registered has not been filed on record. Ld. APP states however that the com-plainants first statement is extracted in-extenso in the FIR itself.

3. Ms. Rebecca M. John, learned senior counsel appearing for the appli-cant states that firstly , the complainant Mohd. Shanawazs supplemen-tary statement, upon which the State seeks to re

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