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2021 Supreme(Del) 527

MUKTA GUPTA
Nadir @ Shah Alam – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Samrat Nigam, Advocate.
For the Respondent:Mr.Amit Gupta, APP for State with SI Santosh Kumar, PS Mandawali. Mr.V.S.Dubey, Advocate for the complainant.

JUDGMENT :

1. By this petition, petitioner seeks regular bail in case FIR No.247/2020 under Sections 302/392/397/120B/34 IPC and Sections 25/27 Arms Act registered at PS Mandawali, Delhi.

2. Learned counsel for the petitioner states that the petitioner was arrested in the above-noted FIR on 14th June, 2020 and from that day he is in custody. There is no legally admissible evidence against the petitioner with the prosecution in the charge-sheet filed against the petitioner. No recovery has been made from the petitioner except for his own mobile phone which has no connection with the commission of the alleged offence. In the entire charge-sheet no motive has been attributed to the petitioner and the petitioner is in no manner connected with the commission of the alleged offence. The allegation that the petitioner did recce of the area where subsequently the other accused committed the alleged offence is based on the disclosure statement leading to no recovery and hence is not admissible in evidence. Despite the fact in the entire area there may be CCTV cameras which could capture the petitioner doing the recce on the date of incident however, no CCTV footages have been relied upon. Loc

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