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2024 Supreme(Del) 17

VIKAS MAHAJAN
Ramesh Kakkar – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. D.P. Singh with Mr. Nipun Katyal, Ms. Anam Siddiqui, Mr. Naved Ahmed, Mr. Surya Pratap Singh Rana & Ms. Kismat Chauhan, Advocates, for the Petitioner.
Mr. Aashneet Singh, APP for State with Insp. Subhash Chand, PS Jamia Nagar.

JUDGMENT

1. The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in FIR No. 445/2016 under Sections 302/120B/34 IPC registered at PS Jamia Nagar.

2. Vide order dated 02.05.2023, notice was issued in the bail application of the petitioner and the State was directed to file a status report. The State has filed a status report dated 23.05.223, the same on record.

3. The case of the prosecution as borne out from the status report is that on 16.05.2016, a PCR call vide DD No. 74-B regarding bullet fire was received in PS Jamia Nagar, which was marked to SI Pankaj Gulia, who proceeded to the spot. On reaching the spot i.e. Noor Nagar Extn. Johri Farm, SI Pankaj Gulia noticed pieces of glasses on the road and came to know that the injured had already been shifted to Holy Family Hospital.

4. On reaching the hospital, SI found injured Mohd. Moin Khan S/o Mohd Naaem Khan aged about 58 years was admitted vide MLC No. C- 16/015226. The doctor mentioned alleged history as "while he was parking his car today at around 7:40 P.M. h/o sustained 2 suspected gunshot injury to (R) upper Anterior Chest and he became unconscious immediately first

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