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2021 Supreme(Del) 283

SURESH KUMAR KAIT
Pankaj Sharma – Appellant
Versus
State (NCT) of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sanjiv Dagar, Mr. Yogesh Verma, Mr. Gaurav Arora, Mr. Sumit
Sehrawat.
For the Respondents: Mr. Amit Mahajan, Mr. Rajat Nair, Mr. Shantanu Sharma, Mr. Dhruv Pande, Mr. Vinod Ahlawat.

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 ly

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