The Delhi High Court dismissed the petitioner's bail plea in a murder and Arms Act case. Relying on the corroborative testimony of a key eyewitness, the court found no ground to entertain the application despite the complainant's hostile stance and claims of false implication.
The application for regular bail was dismissed by the High Court.
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 NCT OF DELHI .....Respondent Through: Mr. Laksh Khanna, APP for State with SI Satyapreet
CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R
On merits, it is stated that the applicant’s name was not mentioned in the initial statement of the complainant, namely, Sameer Ahmed Saifi. The applicant’s name figured only a day later in the statement of Mohd. Arif . He submits that the same leads to an irresistible conclusion that the applicant has been falsely implicated in the present case. It is further submitted that the eyewitness Sameer Ahmed Saifi, who is also the complainant in the case, has been examined and during his testimony has not supported the prosecution’s case. He was declared hostile. Insofar as the other eyewitness,
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 18/12/2024 at 11:35:07
Mohd. Arif is concerned, it is stated that he is a planted witness as his presence was not mentioned by the complainant in the initial statement.
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 18/12/2024 at 11:35:07
Accordingly, the same stands dismissed.
MANOJ KUMAR OHRI, J
DECEMBER 11, 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 18/12/2024 at 11:35:07
1 issue framed by the court
Whether the prima facie grounds of false implication and hostile testimony warrant granting regular bail in a case involving evidence of a corroborating eyewitness.
2 provisions across 2 enactments
Firoz
State NCT of Delhi
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
