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2024 Supreme(Del) 483

AMIT MAHAJAN
Mohit @ Paddu – Appellant
Versus
The State (Govt. of NCT of Delhi) – Respondent


Advocates appeared:
Mr. Pardeep Khatri, Mr. Pankaj Balyan, Mr. Jatin Dhull, Mr. Pranjal Bhaskar and Mr. Amit Rana, Advocates, For the Applicant; Mr. Utkarsh, APP for the State with Insp. Manoj Verma, SHO Mangol Puri and SI Monu, PS Mangol Puri. Mr. Paramjeet Singh and Mr. Himanshu, Advocates for Father of the victim, For the Respondent.

JUDGMENT

1. The present application has been filed under Section 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeking regular bail in FIR No.605/2021, dated 21.05.2021, for offences under Sections 302/34 of the Indian Penal Code, 1860 ('IPC') and Sections 25/27 of the Arms Act, 1959, registered at PS Mangolpuri. Chargesheet has been filed against the petitioner for offences under Sections 302/34 of the IPC and Sections 25/27 of the Arms Act, 1959.

2. The brief facts of the present case are as follows:

    2.1 On 21.05.2021, a PCR call was received by Sub Inspector Pritam (the complainant) regarding a person having been shot in front of Khushi Store, near Indra Park, Mangolpuri. The complainant reached the spot and found a pool of blood there.

    2.2 Other police officials, including Constable Sanjeev and beat Head Constable Rakesh, also reached the spot. They informed the complainant that they had come to the spot earlier as well on the basis of information from an unknown person regarding a quarrel in the street.

    2.3 It is alleged that the constable Sanjeev, on reaching the spot at the first instance, went towards the said road and took the injured victim on an E-rikshaw to SGM Hospit

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