CriminalDrafting

Original Bail Application before Delhi High Court

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL PETITION  NO.    _____     OF 2015

 

          IN THE MATTER OF:

Som Prakash @ Sonu                                    …… Petitioner

 

Versus

The State (NCT of Delhi)                            …… Respondent

INDEX

 

S.No.                    Particulars Pages C.Fee
1. Notice of Motion    
2. Urgent Application    
3. Memo of  Parties    
4. List of Dates and Events    
5.

 

Petition for  Bail under Section-439 Cr.P.C. alongwith Affidavit  
6. Annexure –A :  Certified Copy of FIR No.300/13 dated 15/05/2013 alongwith Hindi Translation  
7. Annexure -B :  Certified Copy of  Chargesheet  alongwith English Translation  
8. Annexure –C(Colly):  Certified copy of Bail Order of Delhi High Court dated 24.09.2013 and Discharge order of The Trial Court dated 26.03.2014 of Sh. Balwant Singh  
9. Annexure –D (Colly):   Certified  copy of the Bail Dismissal Orders dated 1.11.2013, 25.02.2014 & 28.08.2014  
10. Vakalatnama  

                                                                                                         

New Delhi                                      (Avinash N. Sharma)

Date:    02.2015                                      ADVOCATE

Chamber No. 271, Patiala House Court,

New Delhi-110001. Mob: 8800794128

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW, DELHI

BAIL PETITION NO.      _____     OF 2015

 

 

     IN THE MATTER OF:

Som Prakash @ Sonu                                    …… Petitioner

 

Versus

The State (NCT of Delhi)                              …… Respondent

 

 NOTICE OF MOTION

To,

The Standing Counsel

Govt. of NCT of Delhi

Delhi High Court,

New Delhi.

Kindly acknowledge the receipt of the accompanying bail petition which is being filed today in the Hon’ble High Court of Delhi and the same is likely to be listed on ___.02.2015.

Filed By

 

New Delhi                                             (Avinash N. Sharma)

Date:     02.01.2015                                        Advocate

Chamber No. 671, Patiala House Court,

New Delhi-110001. Mob: 8800794128

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL PETITION NO.    _____   OF 2015

 

 

          IN THE MATTER OF:

Som Prakash @ Sonu                                    …… Petitioner

 

Versus

The State (NCT of Delhi)                            …… Respondent

 

                      URGENT PETITION

 

To,

 

The Registrar,

High Court of Delhi

At New Delhi.

Sir,

Kindly treat the  accompanying   petition as  urgent one as   per High  Court Rules and  Regulations. The ground of urgency is as under:-

The Regular bail as prayed for.

Filed By

 

New Delhi                                        (Avinash N. Sharma)

Date:     02.2015                                    ADVOCATE

Chamber No. 671, Patiala House Court,

New Delhi-110001. Mob: 8800794128

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL PETITION NO.   _____   OF 2015

 

 

          IN THE MATTER OF:

Som Prakash @ Sonu                                    …… Petitioner

 

Versus

The State (NCT of Delhi)                            …… Respondent

FIR NO. 300/13\

 

                                                                    U/S. 307/34, IPC

  1. Mehrauli

 

MEMO OF PARTIES

Mr. Som Prakash @ Sonu

S/o  Sh. Harkesh Sharma

R/o Village Ginaura Janardar,

Post- Sahkari Nagar, PS. Salempur,

District Bulandshahar, U.P.                            …… Petitioner

 

Versus

The State (NCT of Delhi)                           ……           Respondent

Filed By

 

New Delhi                                                (Avinash N. Sharma)

Date:    02.2015                                                       ADVOCATE

Chamber No. 671, Patiala House Court,

New Delhi-110001. Mob: 8800794128

 

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW  DELHI

BAIL PETITION NO.    _____    OF 2015

 

 

          IN THE MATTER OF:

Som Prakash @ Sonu                                     …… Petitioner

 

Versus

The State (NCT of Delhi)                            …… Respondent

 

LIST OF DATES AND EVENTS

 

15.05.2013           On this date the FIR bearing No. 300/2013 U/s 307/34 of IPC at P.S Mehrauli, New Delhi has been registered by the Complainant Sh.Saurabh Sharma , S/o. Sh. Ravi Kant Sharma against the unknown persons.

28.06.2013           Petitioner alongwith co-accused Fakhruddin was arrested at Chhatar Pur, Delhi by the police of  PS. Mehrauli in connection with the said FIR No. 300,2013 registered at P.S. Mehrauli.

29.06.2013           Co-accused Surjeet Singh Bajwa was arrested by the police concerned at Ghaziabad, U.P. and all the three accused persons were produced before the Court of Sh. Sandeep Garg, MM, Saket Courts, New Delhi where the Ho’ble Court granted 3 days Police Custody of the accused persons.

02.07.2013            The petitioner along with two co-accused persons were sent to JC.

21.09.2013         Charge Sheet was filed by the I.O . by way of Challan before the Hob’ble Court of Sh. Sandeep Garg, MM against three accused persons.

24.9.2013         Accused Balwant Singh considered as main conspirator by the prosecution was admitted to Anticipatory Bail by the Hon’ble High Court of Delhi in Bail Application No. 1416/2013.

28.09.2013            The case was committed to the Ho’ble Court of Sh. Vimal Kumar Yadav, ASJ, Saket Court, New Delhi.

24.10.2013            Charges were framed against the petitioner and other two accused persons namely Fakhruddin and Surjeet Singh.

01.11.2013           First bail application filed on behalf of the petitioner before the Hon’ble Court of Sh. Vimal Kumar Yadav , ASJ, Saket Court, New delhi was dismissed.

25.02.2014           Second Bail Application of the Petitioner and co-accused Fakhruddin was dismissed in a joint Order by the Hon’ble Court of Sh. Vimal Kumar Yadav, ASJ, Saket Court , New Delhi.

—03.2014            Complainant’s  examination  and cross examination was completed.

28.08.2014           Third Bail application on behalf of the petitioner was dismissed by the Hon’ble Court of Sh. Vimal Kumar Yadav, ASJ, Saket Court , New Delhi.

 

___.02.2015         Hence the present Petition for grant of  bail.

Best Book for Evidence in English

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL PETITION NO.   _____   OF 2015

 

 

          IN THE MATTER OF:

Mr. Som Prakash @ Sonu

S/o  Sh. Harkesh Sharma

R/o Village Ginaura Janardar,

Post- Sahkari Nagar, PS. Salempur,

District Bulandshahar, U.P.                            …… Petitioner

 

Versus

 

The State (NCT of Delhi)                           ……           Respondent

                                                                       FIR NO. 300/13

                                                                       U/S. 307/34, IPC

                                                                       PS. Mehrauli

Arrested on 28.6.20013

Sent to J.C. on 02.07.2013

TO,

THE HON’BLE CHIEF JUSTICE

AND HIS COMPANION JUSTICES OF THE

HON’BLE  HIGH COURT OF DELHI AT DELHI

 

THE HUMBLE PETITION OF THE PETITIONER  ABOVE NAMED

FIRST PETITION UNDER SECTION 439, CRIMINAL PROCEDURE CODE, 1973 FOR GRANT OF BAIL IN CASE NO. SC/103/13 BEARING FIR NO. 300/13, U/S. 307/34 REGISTERED AT PS. MEHRAULI ON BEHALF OF THE PETITIONER,    SOM PRAKASH @ SONU

 

MOST RESPECTFULLY SHOWETH:-

  1. That the petitioner was allegedly arrested at Chhattar Pur by the police of P.S. Mehrauli, New Delhi on 28.06.2013 and is in judicial custody since then.
  2. That on That the basis of the statements of the complainant, Saurabh Sharma, S/o Ravikant Sharma, an FIR No. 300/13 dated 15.05.2013 was registered at Police Station Mehrauli, New Delhi under Section 307/34 of IPC.
  3. As per the said FIR,  the complainant has stated that two persons came to his Office at D-88A, Chhattarpur Enclave when he was sitting with his father’s friend, Fateh Singh Verma and requested him for permission  to run a Redi in front of his office, however, their request was denied by the complainant and  the said two persons were suggested by the complainant to run their Redi from a vacant place near Chauk  ahead of his office. The two persons went from there. They came back after sometimes at 1.15 P.M. and again requested the complainant for the same and when the complainant told them that he does not know them and they just go from there, one of the two persons fired a gun shot at him and ran away toward the 60’Road while the complaint ran behind them raising alarm. The complaint had received simple injury in this incident at his left arm. The certified copy of FIR along with its true English Translation with Hindi typed is annexed herewith as ANNEXURE- A.
  4. That in pursuance of  the said FIR, the applicant was arrested by the Delhi police in a very dramatic way from his native place, U.P. Surprisingly enough, the police has shown the  arrest of the applicant from Delhi for the sole reason of falsely implicating  the applicant in this matter. Thus, since the complainant and his father  are builder and property dealer, they  have high approach, besides money and muscle power.    The police are biased and trying to get personal and monetary benefit from this situation and manipulating the instant case.
  5. That the applicant accused is 31 years of age and  a labourer doing the work of Simmer  saving / boring earning his livelihood by hard physical work at Delhi for last 6 years. He is married having the responsibility of two children of small age. That the accused is a law abiding citizen and belongs to a poor but respectable family.
  6. That the applicant was living  in  Delhi for last 6 years and is the permanent resident of  Village Ginaura Janardar, Post- Sahkari Nagar, PS. Salempur, District Bulandshahar, U.P. The applicant is not known to the complainant. In fact, the applicant is surprised to know about this case and his involvement as an accused since he has nothing to do with this matter at Delhi and he has no personal enmity with the complainant or his father.
  7.     That the I.O filed the charge Sheet by way of Challan before the Hon’ble Trial Court and  has tried to show the applicant to be involved in execution of a contract for  killing of the complainant Saurabh Sharma and his father Ravi Kant Sharma which contract was allegedly given by Balwant Singh to the co- accused Surjeet Singh for a tatal amount of Rs. 5 lacs. As per the allegations, the above Surjeet Singh had further engaged two other co- accused Fakhruddin and the petitioer, Som Prakash @ Sonu for Rs. 1 lac each to execute the killing contract. The certified copy of the Charge Sheet along with its true English Translation  is annexexed herewith as ANNEXURE- B.
  8. That the story narrated in the FIR is quite contrary to the fact of contract killing as it was a dispute of running a Redi in front of complainant’s office and a  person with the intention of killing someone will not go back and come again after some time and will fire at the person only one  missing shot. The  incident and story of FIR does not seem to be connected with the subsequent progress of investigation and allegations against the applicant.
  9. That the weapon of offence and two motorcycles used at the time of incident, has been alleged to be recovered at the instance of  the petitioner which in fact are planted ones by the police under the influence of the complainant and his father who are powerful builders  and these recoveries are also contrary to the facts of the FIR.
  10. That the applicant was known to the co accused Surjeet Singh as he was regularly taking milk from his  dairy and the  mobile connection between Surjeet Singh and the applicant was wrongly interlinked with  this case. The applicant was known to the accused Fakhruddin as he was from the same adjoining area of Distt. Bulandshahar.
  11. The name of the petitioner is nowhere mentioned in the said FIR nor any specific role has been attributed to him in the matter. That the applicant / accused has been falsely implicated in the instant case by the police as he has nothing to do with the alleged offence. That gap of more than one month ten days  between the registration of the said FIR and the arrest of the applicant is the crucial time when the plot of conspiracy might have been formed by the complainant and his father in connivance with the police considering his rivalry with the main accused Balwant Singh who was granted by the Hon’ble High Court of Delhi on 24.09.2013 and was ultimately  discharged in this case on 26.03.2014 by the order of Hon’ble Trial Court of Sh. Vimal Kumar Yadav, ASJ, Saket Court, New Delhi. The certified copy of Bail Order dated 24.09.2013 and discharge order dated 26.03.2014 of Sh. Balwant Singh are  annexed herewith as ANNEXURE-C( Colly ).
  12. That the charges  in this case has been framed against the petitioner and two other accused persons on 24.10.2013 , all material witnesses have been examined and cross examined including the complainant , his father. The Hon’ble Supreme Court in Case of State of Kerala Vs. Raneef, *(2011)1 SCC784, has stated-  “In deciding bail applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. Often this takes several years, and if the accused is denied bail but is ultimately acquitted, who will restore so many years of his life spent in custody? It makes sense to assume that a man on bail has a better chance to prepare or present his case than one remanded in custody. And if public justice is to be promoted, mechanical detention should be demoted.”
  13.    That the time of incident is also disputed as per the documents of charge sheet, particularly in the light of the statement of the Ravikant Sharma, father of the complainant. No recovery was made out on the disclosure statement of the petitioner or from his possession. The recovery shown by police is planted one.
  14.    That the petitioner is the permanent resident  of  Village Ginaura Janardar, Post- Sahkari Nagar, PS. Salempur, District Bulandshahar, U.P.   and there is no chance of his absconding in case he is released on bail.
  15.    That the petitioner is not a previous convict and has not been involved earlier in any crime.
  16.    That the petitioner  is ready to join the further investigation as and when he is directed to do so.
  17. That the  Bail applications of the petitioner were dismissed by the Hon’ble Court of Sh. Vimal Kumar Yadav on 01.11,2013, 25.02.2014 & 28.08.2014.  However,   now the so called main conspirator Balwant Singh has been discharged in this case by this Hon’ble Court after due consideration of facts and circumstances of the case which gives strong ground to the defence of the petitioner as the intention of this crime is missing or completely gone. The certified copy of the Bail Dismissal Orders dated 1.11.2013, 25.02.2014 & 28.08.2014 are annexed herewith as ANNEXURE-D (Colly).
  18. That no other petition for the said or similar relief has neither been filed in the Hon’ble Supreme Court nor in the Hon’ble  High Court nor the same  is pending.
  19. That the accused from all accounts is an innocent person.

                                        

 

                                                   PRAYER

 

  • It is therefore, respectfully prayed that calling  and        considering the records of the Case No. SC/103/13 bearing FIR No. 300/13, U/S. 307/34 registered at PS. Mehrauli, this Hon’ble Court may graciously be pleased to release the Applicant/Accused on bail during the pendency of this case in the interest of justice.

 

Any other appropriate relief which this Hon’ble Court may deem fit and proper be also granted.

Prayed accordingly.

 

PETITIONER

Through

New  Delhi                                      ( Avinash N. Sharma )

Date :          02.2015                                          Advocate

Ch.No. 671, Patiala House Court,

New Delhi. Mob: 8800794128

 

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW, DELHI

BAIL PETITION  NO.    _____     OF 20115

 

          IN THE MATTER OF:

Som Prakash @ Sonu                                    …… Petitioner

 

Versus

The State (NCT of Delhi)                            …… Respondent

 

AFFIDAVIT

I , Harkesh Sharma,   aged about 55 years, S/o Late Sh. Murlidhar R/o  Village Ginaura , P.S. Salempur, Distt. Bulandshahar, U.P. presently at New Delhi, do hereby solemnly affirm and declare as under:-

  1. That Petitioner is my son and I am the Parokar of  Petitioner in the accompanying Petition under Section 439  of  Code of  Criminal Procedure, 1973 for Grant  of Bail in Case No. SC/103/13 bearing FIR No. 300/13 U/s. 307/34 IPC, registered at PS. Mehrauli pending trial in the court of Sh. Vimal Kumar Yadav, Ld. ASJ, Saket Court, New Delhi.
  2. That I am fully conversant with the facts and circumstances of the above mentioned case and am competent to swear this affidavit.
  3. That the contents of the accompanying Petition under Section-482 Cr.P.C. , has been drafted by my counsel under my instructions and the contents of the said Petition are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct  to my knowledge and belief.
  4. That the contents of the said Petition may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. That I have not earlier filed any such or similar Petition, either in this Hon’ble Court or in the Hon’ble Supreme Court of India.
  5. That the above statement of facts made therein is correct to my knowledge and belief.

                                                                  DEPONENT

VERIFICATION

Verified at New Delhi on this     5  thday of February 2015 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

 

                                                                    DEPONENT

 

 

 

FIRST INFORMATION REPORT (F.I.R.)

CIPA-R1.11.00        (Under Section 154 Cr.P.C.)

  1. District: SOUTH DELHI  PS: MEHRAULI   YEAR: 2013  FIR  300 Date: 15-05-2013
  2. Acts(s) Section(s)
  • IPC 1860 307/34
  1. Occurrence of Offence:
  • Day: Wednesday     Date From:15-05-2013 Date To 15.05.2013

Time Period:         Time From:13:15 hrs    Time To: 13:15 hrs

  • Information received at PS: Date: 15-05-2013 Time: 19:55 hrs
  • General Diary Reference: Entry No.33A   Time: 19:55 hrs
  1. Type of Information: WRITTEN
  2. Place of Occurrence:
  • Direction and Distance from P.S.: Beat No. 11

(b) Address: D-88A , CHHARRARPUR ENCLAVE, MEHRAULI, NEW DELHI

(c) In case outside the limit of the Police Station:

Name of PS:                                             Distance:

  1. Complainant/Informant:
  • Name: SAURABH SHARMA (S/O) RAVI KANT SHARMA
  • Date/Year of Birth: Nationality: INDIA
  • Passport No. Date of  issue:        Place of Issue
  • Occupation:
  • Address: H. NO.19A, CINAR DRIVE DLF , CHHARRARPUR MEHRAULI, NEWDELHI.
  1. Details of Known/Suspect/Unknown accused with full particulars (attach separate sheets if necessary):
  1. Reason for delay in reporting by the complainat/informant:NO DELY
  2. Particulars of the properties stolen/involved (attach separate sheet if necessary):

Sl.No.   Property Type (Description) Est. Value (Rs.)  Status

(i)

(ii)

(iii)

  1. Total value of property stolen:
  2. Inquest Report/U.D Case No., if any:
  3. I.R. Contents (attach separate sheet, if required)
  • Statement of Saurabh Sharma S/o Sh. Ravi Kant Sharma R/o : H. 19A, Cinar Drive Dlf , Chharrarpur Mehrauli, New Delhi.

age 26 years, 9810616438 – I reside at above mentioned address with my family and I with my father work as property dealer and construction. Today on 15.05.2013, when  I was sitting at my office on sofa along with the friend of my father Sh. Fateh Singh Verma who was sitting on a chair in front of me, and we were talking to each other, two boys came at my office and told me that they wanted to stand a Redi of Paratha before my office, however, I refused them and suggested them that they should do it near the Chauk where a plot is vacant at a stock of Rodi Badarpur. The two boys went away from my office and after some time at about 1.15 P.M. came back and started requesting for standing Redi and when I told them that I did not know them and they should go from there , one of the two boys opened fire at me and ran away towards 60 Feet Road. I ran behind them but they succeeded in fleeing from there. I have received injury at my left hand. That these boys were in the age group of 25 to 30 and the boy who opened fire was having Tilak on his forehead and I can recognize them if they come before me. Legal action should be taken against them.                                              Heard the statement, it is correct. Signed(English) Attested Sd English SI. Shri Ram PS Mehrauli 15.05.1. To , Duty officer, PS Mehrauli, New Delhi, it is requested that SI during day Emergency duty , when  DD No. 23A was received , SI along with Ct. Shishupal No. 3135/SD reached at D-88A, Chhattarpur Enclave where they met with complainant Saurabh S/o. Ravi Kant Sharma who was bearing pant and Banian and kept his shirt on table. There was sign of crush on his left hand  present and gun powder was present on his face and around the left hand. It was informed by the complainant that he was wearing the same shirt at the time of incident. During the same time, SHO and Addl. SHO came at place of incident and ordered for the medical examination of the victim and the calling of CFSL and Crime Team for inspection. That the Crime team and CFSL team , Lodhi Road was called. SI took the victim Saurabh to T/C Hospital leaving Ct. Shishupal No. 3135/SD for the safety of the spot there. On MLC No. 367461/13   the Doctor has submitted – fit for Statement . At the same time, the doctor from Forensic Department examined the patient and wrote on the MLC – Case was examined in casualty in presence of IO Ploce SI Shri Ram PS Mehrauli the injury No.1 and 2 as mentioned in particulars of injury Column are Simple in Nature andcould be possible due to firearm injury. I SI along with the victim Saurabh came to place of incident where CFSL team and Crime team were doing inspection of the spot. Left side of the entrance of the office, there was a sicca of fired bullet lying about which Saurabh said that this sicca came down when he had opened his shirt. The spot was photographed and the statement of Victim Saurabh was recorded.  Considering the statement of the complainant , the MLC and injury on the body of the complainat, a case U/s. 307/34 of IPC seems to  be committed. , Delhi Police actions in case registered U/s 307/34 IPC was got computerized , the original copy and computer copy of FIR are being sent to SI , Rakesh Sharma on the order of SHO  by Ct. Shishupal No. 3135/SD who is engaged in the investigation on the spot.date 15/5/13 at 1.15 P.M. place D-88A , Chhattarpur Enclave. Date and time of forwarding – 15.05.13 at 7 . 30 P.M. Sd/ English SI Shri Ram no. 4800/D PIS No. 28760980 PS Mehrauli Date 15.05.13 The Case FIR No.300/13, the copy through post is forwarded for consideration of Senior Oficer. HC/DO.

 

  1. Action Taken (Since the above information reveals commission of  offence(s) U/s as mentioned at item No.2:
  • Registered the case and took up the investigation
  • Directed (Name of the I.O.): Rakesh Sharma Rank: SI

No. 28990181                                    to take up the investigation, OR

  • Refused investigation due to:
  • Tansferred to P.S (name) OR

on point of jurisdiction.                    District:

FIR read over to the complainant / informant, admitted to be correctly ecorded and an copy given to the complainant/ informant, free of cost:

R.O.A.C.:

  1. Signature/ Thumb impression

Of the Complainant/informant

  1. Date and Time of dispatch to the court

 

Signature of  Offecer

Name: ZAKIR HUSSAIN

Rank: HC   No. 28871469

 

 

 

 

 

 

  1. F.I.R. Contents (attach separate sheet, if required) :

बयान अजाने सौरभ शर्मा  S/o   श्री रविकान्त शर्मा R/o – H.No. 19A  चिनार ड्रार्इव DLF छतरपुर, महरौली, नई दिल्ली, 26 years 9810616438 बयान किया कि मैं पता उपरोक्त पर अपने परिवार के साथ रहता हूं और D- 88A,  छतरपुर, दिल्ली में अपने पिताजी के साथ प्रोपर्टी डीलर व कन्सट्रक्शन का काम करता हूं जो आज तारीख 15.05.13 को मैं अपने ऑफिस में अपने पिताजी के दोस्त श्री फतेह सिंह वर्मा के साथ सोफे पर बैठा था और वर्मा जी मेरे साथ में ही कुर्सी पर बैठे हुए थे और हम दोनों आपस में बाते कर रहे थे, इसी दौरान दो लड़के मेरे ऑफिस में आए कहने लगे कि हमें आपके ऑफिस के पास पराठे की रेडी लगानी है तो मैंने उनको मना कर दिया और कहा कि आगे चौक के पास एक रोडी बदरपुर का स्टॉक है वहां पर एक खाली प्लॉट है वहां पर लगा लो तो वो दोनों लड़के मेरे ऑफिस से चले गए, फिर थोड़ी देर बाद करीब 1.15 दुबारा आए और फिर मुझसे रेडी लगाने की Request करने लगे तो  मैने कहा कि मैं तुम्हे नहीं जानता तूम यहां से जाओ तो उन में से एक लड़के ने मुझ पर फायर कर दिया और दोनों लड़के साठ फुटा रोड़ की तरप भाग गए मैं शोर मचाता हुआ उनके पीछे भागा मगर वो दोनों लड़के भागने में कामयाब हो गए । फायर में मेरे बाए बाजू में चोट लगी है जो इन लड़कों की उम्र करीब 25 -30 साल के करीब है। फायर करने वाले लड़के ने माथे पर तिलक लगा रखा था जो इन दोनों लड़कों को मैं सामने आने पर पहचान सकता हूं। इनके खिलाफ कानूनी कार्यवाही की जाए। बयान सुन लिया, पढ़ लिया, ठीक है Sd/ English / attested Sd/ English SI Shri Ram PS Mehrauli 15/05/13   श्रीमान Duty Officer थाना महरौली, नई दिल्ली बकार सरकार निवेदन है कि इमरोज मन SI को दौराने Day Emergency duty DD No. 23A बराये दरियाफ्त अकब में मौसूल होने पर जाय मौका  D-88A  छतरपुर Enclave मय हमराही का. शिशुपाल No.3135/SD पहुंचा जहां पर मुसम्मी सौरभ पुत्र रविकांत शर्मा मुलाकी हुआ जिसने पैंट व बनियान पहनी हुई थी। अपनी शर्ट टेबल पर रखी हुई थी और उसके बाए बाजू में रगड़ का निशान था व आस पास गन पउडर की छींट के निशान थे व चेहरे पर भी गन पउडर की छींट के निशान थे। जो टेबल पर रखी शर्ट के बारे में बताया कि वारदात के समय उसने वही शर्ट पहनी हुई थी। इसी दौरान जनाब SHO साहब व Add. SHO साहब मौका पर आए जिन्होंने मजरुब सौरभ का Medical कराने व मौका पर CFSL व क्राईम टीम से मुआईना कराने का आदेश दिया जो क्राईम टीम व CFSL टीम लोधी रोड को तलब किया गया। मन SI ने का. शिशुपाल न. 3135/SD मौका की हिफाजत के लिए मौका पर छोड़ कर मजरुब सौरभ को ले कर T/C हॉस्पिटल पहुंचा जहां पर MLC No. 367461/13 पर डाक्टरी मुलाहीजा कराया जो MLC पर डॉक्टर साहब ने Pt Fit for Statement तहरीर किया व वहीं पर फॉरेंसिक डिपार्टमेंट के डाक्टर साहब ने भी मजररुब को चेक किया जिन्होंने MLC पर Case was examined in casualty in presence of IO Police SI Shri Ram  PS  Mehrauli. The injury No. 1 and 2 as mentioned in Particulars of injury Columns are Simple in Nature and could be possible due to firearm injury तहरीर किया जो मन SI  हासिल कर के मजरुब सौरभ को हमराहा लेकर हाजिर मौका आया जहां पर CFSL टीम व क्राईम टीम मौका का मुआईना कर रही थी office में घुसते ही बाई तरफ एक चली हुई गोली का सिक्का पड़ा था जिसके बारे में सौरभ ने बताया कि यह सिक्का उसकी कमाज (शर्ट) खोलते समय गिरा था। मौका के फोटोग्राफ कराए गए व मन SI ने मजरुब सौरभ के बयान हासिल किए जो बयान बाला से मुलाहिजा MLC से मुलाहीजा injury मजरुब के जिस्म से सरेदस्त सूरत जुर्म U/s. 307/34 IPC का सरजद होना पाया जाता है लिहाजा तहरीर हजा बगर्ज कायमी मुकदमा बदस्त का. शिशुपाल न. 3135/SD  अरसाल थाना है मुकदमा दर्ज रजि. करके आईन्दा तफतीश बाहुक्म जनाब SHO साहब SI राकेश शर्मा साहब की जाये मन SI मौका पर मशरुफ बा तफ्तीश हूं तीराख वक्त वकुआ dt 15.05.13 at 1.15 P.M.  जाय वकुआ     D-88A  छतरपुर Enclave तारीख वक्त रवानगी तहरीर dt.15.05.13  at 7.30 P.M. Sd/ English SI Shri Ram no. 4800/D PIS No.28760980 PS Mehrauli dt 15.05.13 कार्यवाही पुलिस अज थाना तहरीर की मौसूलगी पर मुकदमा हजा बजुर्म मजकूर U/S 307/34 IPC  दर्ज  Computer किया जाकर असल तहरीर बमय Computerised Copy of FIR   बराये आईन्दा तफ्तीश बाहुक्म जनाब      SHO साहब, बदस्त आरिन्दा का. नज्द SI Rakesh Sharma साहब भिजवाई गई। दीगर नकुलात बजरिये डाक अफसरान बाला की खिदमत में अरसाल होंगे। HC/DO.

 

 

FINAL FORM REPORT (Under Section 173 Cr.P.C.)                                                                                                                              16    Brief facts of the case ( Add separate sheet, if necessary) :-  Sir, the brief facts of the case are that on 15.05.13  , when  DD No. 23A was received , SI Shri Ram  No. 4800-D along with Ct. Shishupal No. 3135/SD reached at D-88A, Chhattarpur Enclave where they met with complainant Saurabh S/o. Ravi Kant Sharma who was bearing pant and Banian and kept his shirt on table. There was sign of crush on his left hand  and gun powder was present on his face and around the left hand. It was informed by the complainant that he was wearing the same shirt at the time of incident. During the same time, SHO and Addl. SHO came at the place of incident and ordered for the medical examination of the victim and the calling of CFSL and Crime Team for inspection. That the Crime team and CFSL team , Lodhi Road were called. SI took the victim Saurabh to Trauma Centre,AIIMS Hospital leaving Ct. Shishupal No. 3135/SD for the safety of the spot there , and  Medical   MLC No. 367461/13 of victim Saurabh  was prepared by  the Doctor . At the same time, the doctor from Forensic Department examined the patient and wrote on the MLC – Case was examined in casualty in presence of IO Police SI Shri Ram PS Mehrauli the injury No.1 and 2 as mentioned in particulars of injury Column are Simple in Nature and could be possible due to firearm injury.  That after taking MLC,SI Shri Ram  along with the victim Saurabh came to place of incident where CFSL team and Crime team were doing inspection of the spot. Left side of the entrance of the office, there was a sicca of fired bullet lying about which Saurabh said that this sicca came down when he had opened his shirt. The spot was photographed and the statement of Victim Saurabh was recorded which goes thus- Statement of Saurabh Sharma S/o Sh. Ravi Kant Sharma R/o : H.      No.19A, Cinar Drive Dlf , Chharrarpur Mehrauli, New Delhi   age 26 years, 9810616438 – I reside at above mentioned address with my family and I with my father work as property dealer and construction. Today on 15.05.2013, when  I was sitting at my office on sofa along with the friend of my father Sh. Fateh Singh Verma who was sitting on a chair in front of me, and we were talking to each other, two boys came at my office and told me that they wanted to stand a Redi of Paratha before my office, however, I refused them and suggested them that they should do it near the Chauk where a plot is vacant at a stock of Rodi Badarpur. The two boys went away from my office and after some time at about 1.15 P.M. came back and started requesting for standing Redi and when I told them that I did not know them and they should go from there , one of the two boys opened fire at me and ran away towards 60 Feet Road. I ran behind them but they succeeded in running away from there. I have received injury at my left hand. That these boys were in the age group of 25 to 30 and the boy who opened fire was having Tilak on his forehead and I can recognize them if they come before me. Legal action should be taken against them.    That ,  SI Shri Ram  send Ct. Shishupal No. 3135/SD with the statement of Complainant to Police Station to get the case registered U/s 307/34 IPC and the SHO had assigned   the further investigation of the case to the SI. Then the assigned SI along with Ct. Shishupal No3135/SD reached at the place of incident with copy of Statement and FIR where SI Shri Ram, Complainant and some eye witnesses were present. The SI received MLC, Exhibits and all connected documents from SI Shri Ram and pursued his investigation. During investigation , SI saw the place of incident and prepared the site plan on identification  of Complainant Shaurabh and wrote the statement of Witnesses and eye witnesses U/s 161 Cr.P.C. I along with Ct. Shishupal reached at Police Station in search of the accused persons and deposited the exhibits in Malkhana. I also recorded the statement of Ct. Shishupal . All exhibits were sent to CFSL Lodhi Colony, New Delhi for expert opinion and accused persons were searched for taking all efforts and special informers were engaged. On 28.06.13  accused Somprakash @ Sonu S/o Hardesh R/o Vill- Ganoura Janardar, PS- Salimpur, Teh. & Distt. Bulandshahar (UP)  and accused  Fakruddin  S/o Lt. Sh. Abdul Rehman Khan R/o Vill – Choudhara, PS- Chitari, Teh – Dibai, Distt- Bulandshahar (UP) were caught by trap at MG Road CDR Chowk Chatterpur, New Delhi on the secret information of  the special police informer. After interrogation and   considering evidence the said accued persons were arrested and Farth Talahsi and Arrest Memoes were prepared and the recovered items were deposited at Malkhana. The discloser statement of accused persons were also recorded and on their discloser and identification accused Surjeet Singh Bajwa was arrested by trap. The face of  accused Somprakash and Fakruddin were remained covered and all the three accused persons were produced before the Hon’ble Court where accused Somprakash and Fakruddin refused  Judicial TIP and all the three were sent to Police Remand for three days. During PC remand, the country made pistol used in the incident was recovered from the rented room of accused Somprakash on his identification whose site plan of recovery was prepared and the recovered country made pistol was sealed with the seal of RS and deposited in the Malkhana. In this case accused Surjeet Singh was introgated who said that he was given the contract of killing to Ravikant Sharma or his son at Rs. 5 lacs by Sardar Balwant Singh who is residing in front of the place of incident at Chatterpur. Rs. 20 Thousand was given in advance. There is a case running between Ravikant Sharma and Balwant Singh and he knows Balwant Singh for last 25 years as he was also working as taxi driver for him. He had engaged Somprakash and Fakruddin to execute this plan at the assurance of giving  Rs.1 lakh to each and planned the conspiracy. That Sections 120 B and 25/27/54/59 Arsm Act were added in this case and on the disclosure of accused Surjeet Singh , police stated searching Balwant Singh, however, he was  not found out. Mobile call details of accused Surjeet and Somprakash were collected which confirm that on the day of incident , the location of both the accused persons is of the place of incident and they were connected taking to each other even at the time of incident. Accused Balwant Singh was interrogated as per the order of the Hon’ble Court who is under the order of not arrest till date24.9.13. In this case the result of earlier Exhibits have been collected from CFSL/ CGO Complex, Lodhi Colony , according to which the Round recovered from the spot was fired through 315 Bore fire arm.  In instant case, all possible statements U/s 161 Cr.P.C. were recorded and investigation is completed. Having entered into the room of the Complainant, Accused Somprakash @ Sonu, and Fakruddin  fired a gunshot at the complainant which was fired by Somprakash @  Sonu and accuse Fakruddin was with him. They had fired gunshot in conspiracy with accused Surjeet with the meeting of mind and in this regard, enough evidence has come on file. During investigation, evidence collected against accused Surjeet, Somprakash @ Sonu and Fakruddin on the basis of Report CFSL, fired bullet, statement of witnesses, Disclosure statement of accused persons, CDR Report  and Refusal Judicial TIP are placed . That in the instant case, Challan of each  accused    with address at the time of arrest  in column  no.11 and the name of witnesses in Column no. 13 of Complete Challan U/s 307/120B/34 IPC and25/27/54/59 Arms Act have been prepared and submitted . When the report of recovered Country  made postol comes from CFSL, the same will be submitted with the Supplimentary Challan with the permission U/s 39 A. Act. A separate Supplimentary Challan will be filed against Balwant Singh required in this case as per the order dated 24.09.13 of the Delhi High Court . All the three accused are in J/C and the witnesses may be called.

 

 

 

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