Point of Law: Murder offence - Rejection of Bail - stage of framing of charges - Grievous injuries were found on the person of the deceased which proved fatal - petitioner may threaten or influence the witnesses, is not misplaced.

JUDGMENT :

SURESH KUMAR KAIT, J.

1. Petitioner is accused in FIR No. 35/2020, under Sections 302/147/148/149/427/432/ 435/120B/34 IPC, registered at police station Gokulpuri, Delhi and is in judicial custody since 10.03.2020.

2. Petitioner’s bail application was dismissed by the learned trial court vide order dated 15.09.2020, which has been challenged in this petition on the ground that while passing the impugned order, the learned trial court has ignored the material facts and evidence available on record.

3. At the hearing, learned counsel for petitioner submitted that the charge sheet filed before the trial court does not reflect ‘grave suspicion’ qua involvement of petitioner in the offence in question and he has been arrested on an unfounded presumption that he was a part of unlawful assembly.

4. The case of prosecution is that on 27.02.2020 at 09:40 PM, Duty Officer vide DD No. 24-B, received a call from SHO, Gokulpuri that a dead body was found in Bhagirathi Vihar Nala near Pulia. The said call was assigned to ASI Ram Pass, who along with ASI Manvir reached the spot and found three dead bodies lying in the nala on both sides of the Jal Board Pulia. A burnt motorcycle was also lying there and 20 steps away, a plastic visor of a motorcycle bearing No. DL-5SBA-7168 was also lying there, which were taken into custody. The dead body pertaining to the FIR in question was found adjacent to the Jal Board Pulia, Bhagirathi Vihar and marked as “A.” The dead body was sent to G.T.B. Hospital where the doctor vide MLC (B) No. BD/758/03/2020 declared the person brought dead.

5. During the course of investigation, the dead body was identified as Hashim Ali, son of Babu Khan. The Post mortem of the dead body was conducted at the hospital and as per Post Mortem Report No. 358/2020 dated 29.02.2020 the cause of death is shock as a result of ante mortem injuries to head and abdomen produced by blunt force impact. Further opined that the injuries sustained are sufficient to independently cause death in ordinary course of nature.

6. During further investigation, clothes and other samples were seized from the hospital by the Investigating Officer, crime scene was inspected, surveillance was kept on the suspects and different PCR calls were collected and scrutinized. After scrutinization of PCR calls, it was found that total five calls were made by the eyewitnesses and amongst those, two calls on 26.02.2020 were identified. Out of these two calls, one call was made by eye witness Narottam Singh and another was made by eye witness Amit Kumar and their statements were recorded on 06.03.2020 and 12.03.2020 respectively. Upon further investigation, another eye witness was identified as Shalu Gaur, whose statement was also recorded on 12.03.2022.

7. It is further the case of prosecution; at the time of investigation, it transpired that three persons were continuously observing the course of investigation and were therefore questioned. They disclosed their names as Mohit Sharma, Shivam Bhardwaj and Dimple Rai and their mobile phones were checked. Mohit Sharma and Shubam Bhardwaj were found to be members of whatsapp group namely “Kattar Hindu Ekta” which was found to be created on 25.02.2020. This group had various incriminating messages from the members of the group, especially one Lokesh Solanki, who was apprehended and after consistent interrogation, he disclosed the names of persons who were actively involved in the riots and petitioner is one of those persons. He further disclosed that he along with his other associates, including petitioner, had killed nine persons of other community, including Hashim Ali and his elder brother Aamir Khan and threw their bodies in ganda nala and burnt their vehicles to hide their identities.

8. In furtherance to disclosure of Lokesh Solanki, petitioner was arrested and in his disclosure statement petitioner admitted having been involved in the present case and also in the killing of nine persons of other community. He