Bharat Yadav vs State (Govt. of NCT of Delhi)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 62

VIKAS MAHAJAN
Bharat Yadav – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent

Advocates appeared:
Mr. P.K. Dubey, Senior Advocate with Mr. Ajay Kumar Pipaniya, Ms. Aditi, Mr. Harjas P. Singh and Mr. Aditya, Advocates, for the Petitioner.
Mr. Hemant Mehla, APP for State with Insp. Arun Chauhan, SHO, PS. Jahangir Puri.
Mr. Ashok Kumar Singh, Senior Advocate with Mr. Manoj Sharma, Ms. Saloni Singh, Ms. Meghna Butolia, Mr. Yagya Kumar Gautam, Mr. Rajat Joshi and Ms. Rachna Yadav, Advocates for Complainant.

JUDGMENT

Vikas Mahajan, J.

1. This is a petition filed by the petitioner under Section 438 CrPC seeking anticipatory bail in connection with FIR No. 445/2023 under Sections 302/120B/34 IPC and Sections 25/27 of Arms Act registered at Police Station Jahangir Puri.

2. The case of the prosecution as borne out from the status report is that on 22.05.2023, information was received at Police Station Jahangir Puri regarding MLC No. 227681/23 of Bijender Yadav S/o Lt. Kartar Singh R/o Bhalaswa Village, Delhi. On the MLC, the doctor mentioned "Alleged history of gunshot injury" & declared the deceased as `brought dead'. The police reached and inspected the crime spot.

3. Thereafter, statement of eye-witness Sukhbir was recorded wherein he stated that on 22.05.2023, there was a Shivling Sthapna in Shiv Mandir near Meetha Kuan and bhandara was being organised there. Sukhbir along with Bijender Yadav (the deceased), Virender@Billu and other public persons of the village, was present at the spot. At about 02:50 pm, Sanju Yadav, Sandeep Panwar, Jay Singh and Suraj came there. Sanju shot Bijender Yadav in his head and pumped bullets in his body. Sandeep Panwar and Jay Singh also fired on Bijender Yad