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2021 Supreme(Del) 226

SURESH KUMAR KAIT
Rashid @ Monu – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocate Appeared:
For the Petitioner:Tara Narula, Nikita Agarwal, Advocates.
For the Respondent:S.V. Raju, ASG, Amit Mahajan, Amit Prasad, Rajat Nair, SPPs, Shantanu Sharma, Dhruv Pande, Sairica Raju, A. Venkatesh, Guntur Pramod Kumar, Shaurya R. Rai, Zeal Shah, Aarushi Singh, Anshuman Singh, Advocates.

JUDGMENT :

The hearing of the case was conducted through video conferencing.

1. The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of bail in case FIR No.39/2020, for the offences punishable under Sections 147/148/149/302/201/436/427/120-B/34 IPC, registered at PS Gokul Puri, Delhi.

2. Case of the prosecution is that on 26.02.2020 at 01.04 PM, a PCR call vide DD No.17A regarding stone pelting near Kabir Builder, Gall No. 11, Bhagirathi Vihar, Delhi was received at PS GokulPuri. On spot, it was found that mob had burnt a building of Anil Sweet situated at A-29, Chaman Park, Main Brijpuri Road, Delhi. The building was in burnt condition and on the 2nd floor, one body without hands and legs was found lying in burnt condition. The deceased was identified as Dilbar Singh Negi S/o Gopal Singh R/o Village- Shekhda, Chaki Sen, Pauri Garwal, Uttrakhand, who used to work as a waiter in Anil Sweet Corner. Accordingly, the present FIR was registered. The investigation of case was transferred to Crime Branch SIT.

3. During investigation, it has been found that Anil Pal is owner of building No.A-29, Ghaman Park and his another shop has also been torched by the

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