Mr. Amjad Hussain, Mr. Waseem Akhtar Khan, Mr. Sumnesh Kumar, Advs v. STATE

Through: Mr. Aman Usman, APP CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R 10.03.2025 This is a petition filed under Section 439 of the Cr.PC seeking grant of bail in F.I.R No. 282/2024 under Sections 302/2011120B/34 of IPC registered at Police Station Jaitpur, South East District, New Delhi.

2. As per the F.I.R, one Nanhe Sharma was reported missing by his sister-in-law, Mrs. Savita Sharma.

4. Subsequently, the body of the deceased was recovered from Agra. It is stated by Mr. Hussain, learned counsel for the petitioner that the petitioner has been arrested purely on the disclosure statement of the co-accused and there is nothing incriminating against the petitioner. The CDR record of the petitioner and the deceased has not been analyzed and the petitioner has never been near the deceased at the time of the alleged offence. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:15

5. Mr. Hussain, learned counsel for the petitioner also states that the petitioner may be granted default bail on the ground that the complete chargesheet has not been filed till date.

6. Mr. Usman, learned APP has drawn my attention to the status report, wherein it has been stated as under: “During course of investigation, the CCTV footage installed near H.N.-04,Gali no-7, Basantpur, Faridabad, Haryana, was checked it was revealed that on 16/06/2024 at about 11.15 PM, Nanhe Lal Sharma along with his nephew Nitin and Kalu came back by handicapped scooty at H.N.-04, Gali no-7, Basantpur, Faridabad, Haryana and further cctv footage was checked from 2 to 4 AM. It was revealed that total 4 persons were roaming there in suspicious condition. It is pertinent to mention that on 17.06.2024 at about

2.25 AM, two persons later identified Tarif and Ravi on handicapped scooty and two persons namely Naresh and Ahsan Ahmad (Petitioner) on motorcycle, which was driven by Naresh and petitioner was pillion rider reached near H.N. 07, Gali no-4 Siv Vihar, Ismailpur, Haryana. All the four were seen approaching to street towards the house of Rani i.e. H.n.-04, Gali no-7, Basantpur, Faridabad, Haryana. At about 3.00AM, Petitioner, Ahsan Ahmad was coming from the street no-7 and Naresh and Ravi on scooty along with dead body (bundle) of Nanhe Sharma and Tarif was following them. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:15 It is pertinent to mention here that during course of investigation, one another CCTV footage were obtained near Ekta Vihar wherein, at 11.00 PM, dated 16/06/2024, present petitioner accused Ahsan Ahmad along with co-accused Naresh had parked the car, make Kwid, red colour and at about 4 am dated 17/06/2024 all four accused including present applicant were present near above said car and shifting dead body (bundle) of Nanhe Sharma from scooty to Car. Efforts were made to identify the above said four persons. Later on with the help of informer, four accused were identified as present Petitioner accused Ahsan Ahmad, Tarif, Naresh and Ravi. During course of investigation present Petitioner/accused Ahsan Ahmad and Mohd Tarif S/o Sh. Abdul Vakil R/O H.No. 1-114, Gali No. 3, Ekta Vihar Jaitpur Delhi, were arrested on 24/06/2024. The Petitioner accused Ahsan Ahmad disclosed that he along with Tarif, Ravi and Naresh murdered Nanhe Sharma for the reason not sharing profit of shop/Khokha & demanding money frequently and threatening them to implicate in false cases. To take revenge from Nanhe Sharma the Petitioner Ahsan Ahmad along with Tarif, Naresh and Ravi had prepared plan to kill Nanhe Sharma. To execute their plan all the four went to Nanhe Sharma house and applicant suffocated Nahe Sharma by putting pillow on his face and Naresh tied a black DORI around his neck. Naresh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:15 and Ravi kept dead body of Nanhe Sharma on the scooty of accused Tarif and brought to Ganda Nala, Ekta Vihar where a red colour car (belongs to Rani) was already parked. Naresh shifted dead body of Nanhe Sharma in the dicky of the red colour Car. Thereafter, Naresh and Ravi dumped the dead body of Nanhe Sharma in Agra U.P”

7. A perusal of the status report shows that the petitioner was seen in CCTV footage on 16.06.2024 at 11:00 p.m., the petitioner was seen coming out of the red car about a kilometer away from the place where the deceased was.

8. Subsequently, the petitioner was also found seen in the CCTV footage on 17.06.2024 at about 2:25 a.m. in Gali No. 7, Basantpur, Faribadad, Haryana, where allegedly the deceased was murdered. At about 3:00 a.m., the petitioner was also seen coming from street No. 7, wherein co-accused Naresh and Ravi were seen on a scooty along with a bundle allegedly containing a dead body.

9. In the present case, further investigation of CDR as well as the role of the other co-accused is still being investigated.

10. Additionally, one of the co-accused namely, Naresh is absconding and is yet to be arrested.

11. I am of the view that grant of bail at this stage to the petitioner may jeopardize the investigation and also arrest of the co-accused Naresh.

12. Further, the allegations against the petitioner are serious and he is also seen at odd hours in the CCTV footage where the alleged offence is stated to have been committed without any justifiable reasons.

13. For the said reasons, I am not inclined to entertain the petition. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:15

14. Hence, the petition is dismissed.

15. Status report handed over in Court today is taken on record. MARCH 10, 2025/sp JASMEET SINGH, J Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:15