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2021 Supreme(Del) 618

MUKTA GUPTA
Ankit Chaudhary @ Fauzi – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocate Appeared:
For the Petitioner:Mr.Jitendra Bakshi and Mr.Pradeep Teotia, Advocates
For the Respondent:Mr.Amit Mahajan and Mr Rajat Nair, Spl.P.P with Mr Dhruv Pande and Mr.Shantnu Sharma, Advocates, with Inspector K.C.Sharma.

JUDGMENT :

1. By these petitions, the petitioners seek regular bail in case FIR No.103/2020 under Sections 147/148/149/302/201/120B IPC registered at PS Gokulpuri, Delhi.

2. Learned counsel appearing on behalf of Ankit Chaudhary @ Fauzi contends that there are material contradictions in the statements of the alleged eye witnesses namely Narottam Singh, Mohit Sharma, Shivam Bhardwaj, Aman Saxena and Nisar Ahmed. The petitioner was first arrested in FIR No.41/2020 wherein there were no allegations under Section 302 IPC however, thereafter the petitioner has been implicated in 14 different FIRs including for offence punishable under Section 302 IPC. The dead body stated to be of Aamin has not been identified. As per the post-mortem report the dead body was of a Hindu male. When the dead body was recovered it was in a highly decomposed condition and thus could not have been identified by anybody. Even the father of the deceased stated that he identified the body from the clothes worn by the deceased. The location of the petitioner based on the call detail records does not show that the petitioner was present at the place of incident. The location of the petitioner at the relevant time is

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