* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 5^th May, 2025 Pronounced on: 20th May, 2025 + BAIL APPLN. 3129/2024 RAHUL @ MONI @ SANNOTHIYA .....Petitioner Through: Mr. Jitender Sethi, Senior Advocate with Mr. Hemant Gulati, Mr. Shobit Demri, Mr. Keshav Sethi, Advocates.

versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Mukesh Kumar, APP for the State with Insp. Vikas Mudgal, PS Mukherjee Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J.:

1. The present application under Section 439 of the Code of Criminal Procedure, 1973, [“CrPC”] seeks regular bail in FIR no. 566/2018 for offence under Section 302 of the Indian Penal Code, 1860, [“IPC”] registered at PS: Mukherjee Nagar. Subsequently, chargesheet was filed under Sections 307/302/120- B/109 read with Sections 114/115 of the IPC and 25/27 of the Arms Act, 1959.

2. Briefly stated, the case of the prosecution, is as follows:

Signature Not Verified

Digitally Signed

BAIL APPLN. 3129/2024 Page 1 of 11

2.1 On 10^th October 2018, at approximately 9:40 PM, a PCR call was received at Police Station Mukherjee Nagar reporting a gunshot incident near Dheerpur, in the vicinity of Sisodia Tent House. The information was recorded vide DD No. 64-A and was assigned to Sub-Inspector Prempal for inquiry and necessary action.

2.2 SI Prempal, accompanied by other police personnel, reached the scene of crime. They were informed that the injured individual had been taken to BJRM Hospital, Jahangir Puri. At the hospital, he obtained the MLC of Shyam Sunder, who had been declared dead during treatment.

2.3 The crime scene was examined and photographed by the Crime Team. One live cartridge and one spent cartridge were recovered from the scene and seized through a seizure memo. No eyewitnesses were located either at the hospital or at the spot. Based on the DD entry, an FIR was registered, and investigation was formally initiated.

2.4 On 11^th October 2018, a post-mortem examination of the deceased, Shyam Sunder, was conducted. Exhibits handed over by the autopsy surgeon were seized through a seizure memo. Eyewitness Parvesh @ Bhola was examined and his statement under Section 161 CrPC was recorded. In his statement, he identified the assailants as Rahul @ Khera, Sonu @ Sam, Kamlesh, and Rahul @ Ganni, all of whom were known to him.

2.5 On 12^th October 2018, accused Sonu @ Sam and Rahul @ Ganni were apprehended. Their disclosure statements were recorded, and pointing-

out memos were prepared at their instance.

2.6 During interrogation, Rahul @ Ganni disclosed that Parvesh @ Bhola owed him a sum of INR 2.5 lakhs, which he had repeatedly demanded but remained unpaid. In September 2018, Rahul @ Ganni, along with the Signature Not Verified Digitally Signed BAIL APPLN. 3129/2024 Page 2 of 11 Petitioner (Rahul @ Moni) and others had visited Bhola’s residence and issued threats. Despite repeated demands, no payment was made.

2.7 On 10^th October 2018, all the aforementioned individuals gathered at Bhagwan Park, Burari, where they conspired to commit the offence, with Rahul @ Ganni, assuring monetary compensation to each participant as part of the agreement. It was decided that Sonu @ Sam, Kamlesh, and Rahul @ Moni (Petitioner) would confront Parvesh @ Bhola at his residence to demand repayment. In the event of refusal, Bhola was to be killed. It was further agreed that anyone attempting to intervene would also be eliminated. Further, it was agreed that Rahul @ Ganni and Pramod @ Pehlwan were to remain absent from the scene.

2.8 Acting on the plan, the three accused reached Bhola’s residence. A confrontation ensued, and when the deceased tried to intervene, he was shot by the Petitioner. The Petitioner also allegedly fired at Bhola, who managed to escape unhurt.

2.9 On 15^th October 2018, accused Kamlesh was arrested. His disclosure statement was recorded, and a pointing-out memo was prepared at his instance.

2.10 On 24^th October 2018, the Petitioner was arrested in a separate Arms Act