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2023 Supreme(Del) 3673

TUSHAR RAO GEDELA
Varsha @ Rahul Singh – Appellant
Versus
State NCT of Delhi – Respondent


Advocates appeared:
Mr. Kirtiman Singh, Mr. Kanhaiya Singhal, Mr. Ujwal Ghai, Mr. Prasanna, Mr. Teeksh Singhal, Mr. Udit Bakshi and Mr. Ajay Kumar, Advocates, for the Petitioner.
Mr. Ajay Vikram Singh, APP, for State with Insp. Arun Kumar and SI Arjun Singh SHO/IO North Avenue, PS-GTB Enclave.
Mr. Nipun Katyal, Ms. Anam Siddiqui, Mr. Naved Ahmed, Mr. Rohit Yadav, Mr. Deepak Sharma and Mr. Piyush Arora, Advocates, for Complainant.

JUDGMENT

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. The present application is being filed under section 439 Cr.P.C, 1973 seeking Regular Bail in FIR No. 289/2020, u/s 302/34 IPC, 1860 & 25/27 Arms Act, 1959 at P.S. GTB Enclave, Delhi.

2. Mr. Kirtiman Singh, learned counsel appears on behalf of the applicant and submits that the Applicant has been in judicial custody from 31.10.2020 till date and incarcerated for a period of 2 years 10 months approx.

3. Mr. Singh submits that the brief facts of the case as alleged by the prosecution are as under:

    (i) On 05.09.2020, the information was received regarding shooting of a deceased by some unknown persons. Later, it was found that it was Ekta Joshi (deceased/victim herein), who have been shot by two unknown assailants. It is further stated by the prosecution that by the time they reached at the spot, injured was already taken to the Max Hospital, where Ekta Joshi was declared dead.

    (ii) That on reaching at the spot again, alleged eye witness Ashish Joshi and Anita Joshi were found present and statement of Ashish Joshi was recorded which later on, was sent for the registration of the case. It is the ca

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