Bail granted due to insufficient evidence and prolonged custody, emphasizing reliance on corroborative evidence rather than solely on CDR data.

1. First Bail Application has been filed by the Applicant/Ajay Sharma under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNS S ), 2023 read with Section 528 of the Bharatiya Nyaya Sanhita ( BNS ), 2023, seeking the grant of Regular Bail in FIR No. 67 of 2020, P.S. Kanjhawala, under Section 302 /201/120B/34 of the Indian Penal Code , 1860 (hereinafter referred to as “IPC”) read with Section 25 of the Arms Act , 1959.

2. Briefly stated, it is the case of the Applicant/Ajay Sharma S/o Chander Dev r/o C- 59-C, Rajeev Nagar, Begumpur, Delhi, that he is a law-abiding citizen of India and is a permanent resident of C-59 Rajiv Nagar, Begumpur Delhi. The Applicant submits has been in Judicial Custody since 16.10.2020, i.e. for approximately 5 years.

3. The Applicant submits that on 19.02.2020; vide DD No. 72-B, telephonic information was received at 09:25 p.m. For appropriate action, the matter was handed over to ASI Anil Kumar No. 174/RD, who along with Ct. Subhash No. 1397/RD was to the spot, where Ct. Hawa Singh was already present, who told them that the labourers had been taken to the Sanjay Gandhi Memorial Hospital, Mangolpuri, Delhi, by ERV vehicle. A black Scorpio Car numbered DL 8CAV 3490 was parked in the middle of the road with broken glass panes. Further, empty bullet shells were scattered all over the road and there were holes in the car due to the bullet shots. Glass pieces, empty shells, bullet leads and blood were found inside the car and on the seats as well. A mobile phone was found lying between the front seats of the car with a damaged upper part. A huge crowd of passers-by had gathered at the spot, however no eye witness of the incident was found.

4. The investigations were done by the SHO along with his other staff, on the spot. The Mobile Crime Team inspected the spot and took photographs. 50 empty cartridges lying at different places around the road outside the vehicle and below the vehicle at the crime scene, were picked up. Further, the blood lying on the driver's seat of the car, was also picked up.

5. Later, at the scene of crime, the ASI met Mr. Sachin, son of Rajbir Singh, resident of village Karala, Delhi who disclosed that the Scorpio Car belongs to his brother Anchal Kumar. He subsequently identified the deceased to be his brother Anchal Kumar, who had been shot dead by some unknown person. Due to deep shock, Mr. Sachin Kumar did not give any statement at the scene of crime, nor were any eyewitnesses found.

6. Thus, on the basis of the aforesaid events, the FIR bearing No. 67/2020 was registered at P.S. Kanjhawala under Section 302 and 34 IPC read with Section 25 , 27, 54 and 59 of the Arms Act .

7. Thereafter, the Police collected the MLC No. 2813/20 of the unidentified deceased person, who had been declared brought dead at 9:53PM from Sanjay Gandhi Memorial Hospital, Mangolpuri, Delhi. The and Post Mortem was conducted.

8. The Applicant submits that during the course of the investigation, the statements of Rajbir Singh, Sh. Sachin Kumar were recorded, but there were no specific allegations against the Applicant. All the allegations were general in nature and were made as an afterthought. The Applicant further submits that the date of the incident was 19.02.2020 and the statements of the father and brother were recorded on 20.02.2020, which shows that both the statements were given as an afterthought, merely to falsely implicate the Applicant.

9. The Applicant states that the Chargesheet has already been filed and investigation completed. The Charges have been framed under Sections 302 , 120B and 34 IPC against the Applicant and other co-accused persons and