MOHSIN @ TOTAL vs STATE GOVT.OF NCT OF DELHI THROUGH SHO

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.04.2025 + BAIL APPLN. 4121/2024 MOHSIN @ TOTAL .....Petitioner Through: Mr. Rashid Hashmi, Advocate versus STATE GOVT.OF NCT OF DELHI THROUGH SHO .....Respondent Through: Mr. Nawal Kishore Jha, APP for State with SHO/Inspector Ram Manohar and Inspector Anant Kiran, PS Subzi Mandi CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant, suffering incarceration since 23.08.2017, seeks regular bail in the case FIR No. 195/2017 of PS Subzi Mandi for the offence under Section 302/201/120B/34 IPC. Broadly speaking, the FIR was registered on 07.08.2017 on the basis of a Daily Diary entry disclosing recovery of a dead body. Subsequent to the registration of FIR, followed by seizure of the necessary articles from the spot of occurrence, where no eye witness was found, the matter was kept under investigation and till that stage, body was not identified. Subsequently, one TSR driver visited the police station and informed the Investigating Officer that on the night Bail Application No. 4121/2024 Page 1 of 3 pages Digitally signed by GIRISH GIRISH KATHPALIA KATHPALIA Date: 2025.04.22 18:31:29 -07'00' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:22.04.2025 19:01:07 intervening 06.08.2017 and 07.08.2017 at about 03:30am, in the Hindu Rao Hospital parking, he overheard Yasin @ Gilli, Mohsin @ Total (the accused/ applicant), Deepak @ Kartik and Anil talking amongst themselves that they had killed Ganju and defaced his dead body and they now should burn away the clothes of the deceased as well. It is on the basis of this statement of that TSR driver, the Investigating Officer arrested the accused persons. 2. Learned counsel for accused/applicant submits that he is innocen