The Delhi High Court rejected the bail application in a case involving attempted murder and possession of arms. The court held that evidence indicated premeditated assault with country-made weapons and the possibility of witness tampering.
Bail application dismissed. Pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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STATE (GOVT. OF NCT) .....Respondent Through: Ms. Manjeet Arya, APP with SI Anil Kumar, PS: Jamia Nagar and SI Manish Tyagi, PS: Govind Puri.
CORAM:
1. An application under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’) has been preferred on behalf of the petitioner for grant of regular bail in FIR No. 0443/2023, under Sections 307/34 IPC and 25/27 Arms Act, registered at PS: Jamia Nagar.
2. In brief, as per the case of prosecution, in the intervening night of 05/06.10.2023, while the petitioner was present along with his friends at car parking near his house, 4-5 boys on scooty and motorcycle reached the spot. One of them (Afsan) shot at the complainant, resulting injuries on his thigh. Another shot was fired by accused Intekhab @ Gunga at the friend of complainant, but he somehow managed to escape. The accused thereafter fled from the spot.
3. Learned counsel for the petitioner submits that no recovery has been effected from the petitioner and the alleged gunshot was fired by co-accused Afsan. He further submits TIP proceedings were not conducted during
BAIL APPLN. 1331/2024
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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 20/08/2024 at 12:47:59
investigation and case of petitioner is at parity with co-accused Shakir who has been granted bail by Learned Trial Court. It is also urged that applicant is aged about 20 years and has clean past antecedents.
4. On the other hand, application is opposed by learned APP for the State. She submits that petitioner was carrying the weapon, which was provided to him by co-accused Shakir. Further, the said firearm was returned to Shakir after the incident and the same was recovered from Shakir. She contends that the case of petitioner is not at parity with co-accused Shakir since Shakir was not found at the spot, but had only provided the weapon, while the petitioner was driving the scooty owned by another JCL. IO also points out that TIP was not conducted since petitioner was arrested on the statement of eye-witness.
5. I have given considered thought to the contentions raised.
Admittedly, the assault was made after making preparation by the accused, armed with country-made weapons. Petitioner had due knowledge of the offences, since he was also armed with weapon and driving the scooty. Considering the nature of allegations, possibility of influencing the witnesses cannot be ruled out in case petitioner is admitted to bail at this stage. In the facts and circumstances of the case and in view of evidence on record, no grounds for bail are made out.
Application is accordingly dismissed. Pending applications, if any, also stand disposed of.
Nothing stated herein shall tantamount to expression of an opinion on the merits on the case.
ANOOP KUMAR MENDIRATTA, J
AUGUST 12, 2024/ R
BAIL APPLN. 1331/2024
Page 2 of 2
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 20/08/2024 at 12:47:59
2 issues framed by the court
Whether bail should be granted to the petitioner charged with attempted murder and arms offence.
Whether the petitioner meets any of the statutory grounds for bail under Section 439 Cr.P.C.
5 provisions across 3 enactments
Mohd Sameer
State (Govt. of NCT)
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
