DURGESH @ DURGA vs STATE NCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 28.08.2025 Pronounced on: 11.09.2025 + BAIL APPLN. 4535/2024 DURGESH @ DURGA .....Petitioners Through:. Mr. Nishank Tyagi, Mr. Gaurav Jain, Mr. Kishalaya Mudgal, Mr. Prashant Tyagi, Advs. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the State with Insp. Sanjeev Kr. & Insp. Dharmendra. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is an application under Section 439 Cr. PC (438 BNSS) filed on behalf of the petitioner Durgesh @ Durga seeking regular bail in case FIR No. 341/2016, PS Harsh Vihar, under Section 302/394/120-B/34 IPC. 2. As per the prosecution version, on 27.10.2016 at about 11:15 p.m., an information was received that a dead body was lying at A-3 BAIL APPLN. 4535/2024 Page 1 of 9 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:11.09.2025 16:52:31 Block, Harsh Vihar, Jain Colony, 27 Bigha, on the kachcha road leading towards Power House. On receipt of such information, police reached the spot and found an unknown deceased, later identified as Shakir @ Teetar, with firearm injury on the left side of the neck. The scene of crime was inspected, exhibits were seized and the body was sent to GTB Hospital for postmortem. The postmortem report confirmed that the death was a result of shock due to ante-mortem firearm injury to the head. 3. During investigation, the statement of the alleged eye witness Hakim was recorded, wherein, he stated that there was longstanding enmity between two factions of Village Daus Ras. One faction belonged to Fakru and the other faction belonged to Jafru. Hakim, who allegedly accompanied the deceased at the spot, stated that Shakir was lured to Delhi by co-accused Banne Sin