RAHUL @ MONI @ SANNOTHIYA vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 5th 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, 19731 seeks regular bail in FIR no. 566/2018 for offence under Section 302 of the Indian Penal Code, 18602 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: 1 “CrPC” 2 “IPC” Signature Not Verified Digitally Signed By:AKANSHA SINGH BAIL APPLN. 3129/2024 Page 1 of 11 Signing Date:20.05.2025 20:17:48 2.1 On 10th 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 s