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2021 Supreme(Del) 352

SURESH KUMAR KAIT
Shabuddine – Appellant
Versus
State Of NCT Delhi – Respondent


Advocate Appeared:
Mr. Abdul Gaffar, Mr.Amit Mahajan, Mr.Rajat Nair, Mr.Shantnu Sharma & Mr.Dhruv Pande, Advocates

JUDGMENT :

The hearing has been conducted through video conferencing.

1. Petitioner is seeking bail in FIR No. 119/2020, registered at police station Khajuri Khas, Delhi for the offences under Sections 147/148/149/302/153A/505/120B/34 IPC and Sections 27/30 Arms Act on the ground that he is innocent and has been falsely implicated in this case. He is in custody since 20.03.2020.

2. Notice issued.

3. Mr. Amit Mahajan, learned Special Public Prosecutor for respondent/State accepts notice.

4. With the consent of both the sides, the present petition has been taken up for final hearing and disposal.

5. The crux of the prosecution case is that FIR in question has been registered at the instance of one Pappu, who has alleged that on 25.02.2020 at about 02:15 PM, when his brother, Babu, who is an auto driver by profession, reached Khajuri Khas, he was attacked by the mob and received grievous injuries. Thereafter, on 27.02.2020 he succumbed to the injuries sustained during treatment in the hospital.

6. As per the charge sheet, during investigation in the present case, through some source in social media, one video of riots dated 25.02.2020 came on record and the said was shown to the complainant

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