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2024 Supreme(Del) 200

AMIT MAHAJAN
Zahid Hassan – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Syed Hasan Isfahani & Mr. Parvez Zaidi, Advocates, for the Appellant.
Mr. Pradeep Gahlot, APP for the State with SI Akhil Chaudhary, PS Seelampur.

JUDGMENT

AMIT MAHAJAN, J.

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking grant of regular bail in FIR No. 337/2022 dated 23.07.2022, registered at Police Station Seelampur for offences punishable under Sections 302/201/392/397/411/34 of the Indian Penal Code,1860.

2. The facts in brief which led to the registration of present FIR are as follows:

2.1. On 22.07.2022, information vide DD No.82 was received wherein the caller/complainant (Kasif Hasan) informed that Zakir Hussain (maternal uncle of the complainant) had not been answering calls for the past two to three days. Upon visiting his residence, the complainant noticed a strong and unpleasant smell emanating from Zakir Hussain's house.

2.2. On receiving the phone call, the police officials reached the spot, that is, Gali No. 7, Gautampuri, Delhi and on inspection, the double-door fridge, which was tied with a plastic rope was opened, where the dead body of Zakir Hussain was found.

2.3. The present FIR was registered on the statement of the complainant for investigation into offences under Sections 302/201 of the IPC.

2.4. In the post-mortem of the deceased, the cause of death was s

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