Mohsin @ Viccky Pahalwan vs State (Nct) of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4337

RAJNISH BHATNAGAR
Mohsin @ Viccky Pahalwan – Appellant
Versus
State (Nct) of Delhi – Respondent

Advocates appeared:
Mr. B.S. Chaowdhary and Ms. Snehlata Rana, Advocates, for the Petitioner.
Mr. Amit Ahlawat, APP, for the State with Insp Rajni Kaul, PS Bhajanpura.

ORDER

Rajnish Bhatnagar, J.

1. The present application is filed under Section 439 of Code of Criminal Procedure, 1973 (Cr.P.C) seeking regular bail in FIR No.477/2019 under Sections 302/120B/34 IPC read with Section 27 Arms Act at Police Station Bhajanpura.

2. It is submitted by learned counsel for the petitioner that PW-1 has been examined and she has only narrated that she has seen the accused running away in Gali No. 10 and waiving some weapons in their hands therefore she is not an eye witness. It is further submitted that petitioner has been falsely implicated in this case. It is further submitted that there is not even an iota of evidence against the petitioner. It is further submitted that petitioner was arrested after two moths of the incident and he has been in custody for the last more than three years. It is further submitted that only police officials remain to be examined.

3. On the other hand, learned APP for the State has vehemently opposed the bail application contending that due to previous enmity, 4 complaints were lodged against the petitioner by the complainant and his family which gives the motive for eliminating the petitioner. It is submitted by learned APP

Click Here to Read the rest of this document