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2021 Supreme(Del) 334

MUKTA GUPTA
Shabir Ali – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Pritish Sabharwal, Mr. Sanjeet Kumar.
For the Respondents: Mr. Rajat Nair, Mr. Amit Mahajan, Mr. Shantanu Sharma, Mr. Dhruv Pande, Mr. Data Ram Yadav.

JUDGMENT :

MUKTA GUPTA, J.

1. By these petitions, petitioners seek regular bail in case FIR No. 153/2020 under Sections 302/307/188/147/148/153/323/505/435/ 120B/34 IPC registered at PS Jafrabad, Delhi.

2. Learned counsels for the petitioners contend that the petitioners were not named in the main charge-sheet filed on 27th June, 2020 which was filed against Arshad @ Sonu, Aleem Saifi, Javed Khan and Naved Khan. Aleem Saifi has already been granted bail by the learned Additional Sessions Judge vide order dated 26th November, 2020. The entire case of the prosecution is based on the statements of two constables namely Constable Deepak and Constable Rajeev who were examined on 14th July, 2020 and 21st July, 2020 respectively, who identified the people who were seen in the footage of CCTV installed by the PWD at Gali No. 1, Akhadewali Gali on 24th February, 2020. The alleged incident took place at around 10.30 PM in Gali No. 1, Brahmpuri which is on the opposite side of the main road towards a distance and none of the accused was seen near Gali No. 1, Brahmpuri at the relevant time. Merely because the petitioners along with the other people of the gali Akhadewali, in view of the informati

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