$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14.02.2025 + BAIL APPLN. 4716/2024 DEEPANSHU @ FUN .....Petitioner Through: Mr. Ashutosh Bhardwaj, Mr. Sanju Gupta, Mr. Lalit Kumar Sharma, Mr. Deepanshu Lakra and Mr. Akshay Tyagi, Advocates (through VC)

versus STATE (GOVT OF NCT, DELHI) & ANR. .....Respondents Through: Mr. Laksh Khanna, APP for the State SI Paramjeet, PS Ranhola %

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J (ORAL):

1. This present bail application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in FIR No. 70/2020 registered at Police Station (P.S.) Ranhola, Delhi for offences under Sections 302/120-B of Indian Penal Code, 1860 (‘IPC’) and Sections 25/27 of the Arms Act, 1959 (‘Arms Act’)

Brief Facts

2. The case of the prosecution as borne out from the status report is that on 27.01.2020, on receipt of a DD No. 08A at P.S Ranhola, the police arrived at Balaji Action Hospital, Paschim Vihar, Delhi wherein the victim named Sahil Lakra (deceased) was found under treatment and the doctor in the MLC bearing no. 8839/2020 mentioned that gun-shot injury has been caused to victim-Sahil Lakra at 12:20 AM in a white Santro (car).

Signature Not Verified

2.1. It is further stated that the statement of the eye-witness, namely, Sachin Narwal was recorded wherein he stated that on 26.01.2020 at about 10:30 PM he along with his friends namely Vishal Lakra, Sahil Lakra (deceased), Shrey Lakra, Deepak Lakra, Jatin Lakra and Deepak were sitting in the Sahil Lakra's father office. It is stated during the said time, firstly co- accused named Saurabh Khatri came there, sat for a while and took off, after which the Applicant/Deepanshu (accused) came there and asked for Saurabh Khatri. It is stated that thereafter, when Sachin Narwal along with Sahil Lakra (deceased) and Applicant-Deepanshu were going in a Santo Car, the Applicant-Deepanshu as well sat on the back seat of the car. Sachin Narwal was driving the car and Sahil Lakra (deceased) was sitting on the passenger seat in the front of the Car.

2.2. It is stated that while Sachin Narwal was driving and when they reached near Shiv mandir, an altercation occurred between Sahil Lakra (deceased) and Applicant/Deepanshu. And, thereafter the Applicant/Deepanshu shot Sahil Lakra's point blank on the head (deceased)

with a pistol.

2.3. It is stated that Sahil Lakra was taken to the hospital. In these circumstances, FIR was registered under Section 307 of IPC. It is stated that, while receiving the treatment Sahil Lakra (deceased) was referred to RML Hospital, however, on 29.01.2020 Sahil Lakra expired during the treatment and Sections 302/120-B were added in the said case and investigation ensued.

2.4. He further stated that due to an old dispute Applicant-Deepanshu had shot Sahil Lakra (deceased) in the head.

Signature Not Verified

2.5. It is stated that during investigation, along with the statement of Sachin Narwal (Eyewitness – PW1), statement of other witnesses namely Vishal Lakra (PW-2), Jatin Lakra (PW-3), Shrey Lakra (PW-4), Deepak Lakra (PW-9) and Sachin Lakra were recorded and all of the said witnesses have supported the case of prosecution that the Applicant-Deepanshu shot the deceased Sahil Lakra.

2.6. It is further states that during the investigation, Applicant-Deepanshu was arrested on 28.01.2020 and his disclosure statement was recorded in which he disclosed that he had a quarrel with Deepak, Sachin Lakra and Sahil Lakra (deceased) on 21.09.2019 and during the said quarrel Sahil Lakra (deceased) had assaulted him with an iron rod. He stated that although the matter was settled amicably and no complaint was made, however, he wanted to take revenge from Sahil Lakra (deceased), therefore, he had made a plan to kill Sahil Lakra along with the co-accused Saurabh Khatri. He stated that he received the Pistol and 02 Live cartridges from co-accused Saurabh Khatri which be