The main legal point established in the judgment is the reliance on evidence including CDR, mobile locations, and previous involvements of the accused to establish the role of the petitioner as the main conspirator and 'gang leader'. The court also considered legal principles related to criminal conspiracy, circumstantial evidence, and the character and behavior of the accused.

JUDGMENT

1. This petition has been filed seeking regular bail in FIR No.566/2018 registered at PS Mukherjee Nagar under Sections 307/302/120B/114/115 IPC read with Sections 25 & 27 Arms Act. As per the case of the prosecution, on 10th October, 2018, a PCR call was received at PS Mukherjee Nagar vide DD No.64A regarding gunshot to a person near Dheerpur Sisodia Tent House, Delhi. On reaching the spot, SI Prem Pal learnt that injured person had been shifted to the hospital. He collected MLC No. 162172/18 of one Shyam Sunder wherein the doctor had opined that there was firearm injury and declared him dead. No eyewitnesses were found and on the basis of the DD, FIR was registered. During further investigation, one eyewitness Parvesh @ Bholu was examined who stated that about a year ago, he borrowed an amount of Rs.2.5 lacs from Rahul @ Ganni and was unable to return the same. About a month back, Rahul @ Ganni had come to his house along with friends Rahul @ Kheda, Sonu @ Sam and Kamlesh pressurizing him to return his money else they would kill him. He had been shown a pistol as well, at that time.

2. On 10th October, 2018 at about 9:00 a.m., Rahul @ Kheda, Sonu @ Sam and Kamlesh came outside House No. 77, Village Dheerpur which was his grandmother's house and threatened him saying that since he was not listening to them, they would finish him off today. A quarrel started and a Naan vendor residing in the gali intervened to stop the quarrel, in meanwhile Sonu @ Sam and Kamlesh told Rahul @ Kheda to take out the pistol and fire on both of them, upon which Rahul @ Kheda pulled out the pistol and fired upon by pointing at the Naanwala which hit him in the stomach and he fell down. Upon this, Parvesh fled towards the gali as Rahul @ Kheda was firing upon him as well, but he managed to escape unhurt.

3. On 12th October, 2018 Sonu @ Sam and Rahul @ Ganni were arrested and they disclosed that they were known to one Pramod @ Pehalwan (petitioner herein). Since Rahul @ Ganni had to take Rs.2.5 lacs from Parvesh @ Bholu and he was not returning the money, in September, 2018, Rahul @ Ganni had gone with the friends of the petitioner to his house and threatened him. On 15th October, 2018 a PCR call was received vide DD No.51A regarding apprehension of accused Kamlesh by the PCR Van Staff at AIIMS Gate No.1 and his disclosure regarding the involvement of the petitioner in the present case. Kamlesh was handed over to IO Ram Kishore and brought to the police station and then arrested. On 24th October, 2018, pursuant to information from Crime Branch, Darya Ganj regarding arrest of Rahul @ Kheda and recovery of pistol from his possession, and he was subsequently arrested.

4. During investigation, NBWs and process under Section 82 Cr.P.C. were taken against the accused petitioner since he was evading arrest. He was finally arrested on 13th November, 2018. During investigation, CDR calls were analyzed and it transpired that the petitioner was in touch with other accused persons. All 05 accused were in judicial custody. On completion of investigation, charge-sheet was filed and charges were framed on 28th August, 2019. Presently, the case was pending trial and witnesses were being examined. The FSL report of firearms and the bullet extracted by the doctor from the body of the deceased was received and as per the said report, the deformed bullet was discharged from the seized pistol.

5. As per an updated status report, CDR calls of petitioner and other accused were analyzed, and it was noted that mobile number 9582782502, being used by the petitioner was issued in the name of one Sonu S/o Rajpal, who was the neighbor of the petitioner. This had been verified by the subscriber as well. The mobile was not recovered as it was allegedly destroyed by the accused-petitioner. At the time of the incident, his location was at Bhagwan Park, Jharoda Village where the other accused persons had gathered and met after the incident. The early morning location of