Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: -1-
Bail application
State Vs. Vikram
FIR No. 205/2024
PS Roop Nagar
U/s 333/110/115(2)140(1)/311/310(2)/3(5)/317(3)/190 BNS &
25/27 Arms Act
02.08.2025
This is the 2nd regular bail application U/s 483 of
BNSS filed on behalf of applicant/accused.
Present: Sh. Kamal Akhtar, Ld. Addl. PP for State.
Ms. Anita, Ld. Counsel for applicant/accused.
Deputed IO SI Raju Singh is present on behalf of IO
Inspector Sumit Kumar.
Reply to bail application is filed. Copy supplied.
Arguments heard.
Ld. Counsel for accused submits that the
applicant/accused has been falsely implicated in this case. She
further submits that allegedly only empty magazine was recorded
during investigation but the same does not fall within the
definition of arm. She further submits that none of the victims
had called the police and the lady who called the police stated the
bullets are being fired but when the police reached at the spot no
empty cartridges or something else regarding bullets fire was
recovered from the place of incident which is a room.
She further submits that the matter is already
amicably settled between the parties as they are relatives. The
quashing petition has also been filed before the Hon’ble Delhi
High Court on 17.07.2025 and the same is pending adjudication.
She further submits that injured persons or complainant do not
have any objection. The applicant/accused is in JC from last
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about one year. The investigation is already complete and the
charge-sheet is already filed, therefore, the applicant/accused
may be granted bail. Ld. Counsel for applicant/accused has relied
upon the judgment State Vs. Gurjinder Kaur, Cr. Case no.
6618/2022 dt. 14.02.2025 by Sh. Pranav Joshi, ACJM, New
Delhi, Patiala House Court Delhi.-
Per contra, Ld. Addl. PP for the State and IO have
vehemently opposed the bail application stating that one victim
namely Amit was abducted forcibly by trasspassing into his
house at about 07.30 am on gun point. Though they submit that
the mobile phone of injured Amit was recovered at the instance
of applicant/accused Vikram.
They further submit that the vehilce owner in which
the victim was abducted was examined during investigation and
he disclosed that the applicant/accused aongwith accused Ravi
and Aman had taken the same on rent. They further submit that
one of the inujred Amit is the cousin brother of
applicant/accused. The applicant/accused alongwith other
accused persons took the victim from Delhi to Jind and he was
beaten on the way and he was dumped near Baroda, Jind,
Haryana. They further submit that the accused persons beaten
two persons including Amit and Ram Mehar inside the room.
In rebuttal, Ld. Counsel for applicant/accused
submits that there is only minor injury on the person of victim
Amit and in the CCTV footage also, the accused persons are not
committing any offence even when the CCTV footage is of about
18 minutes duration.
Submission considered. Record perused.
As per record, the applicant/accused and victim amit
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are cousin brothers and there were some monetary transactions.
On the day of incident at about 07.30 AM. The applicant/accused
alongwith his other associates including Amit forcibly entered
the house of victim with pistol like object and they attacked the
complainant and also beaten the Amit and abducted him. They
also snatched the mobile phone of Rahul.
Though, during arguments, Ld. Counsel for
applicant/accused has stated that the matter has been amicably
settled and the quashing petition is pending but the allegations
against accused are serious in nature and none of the victims and
complainat have appeared before the court to substantiate the
aforesaid fact.
Further it is observed that earlier the mother of
victim Aman had lodged complaint against co-accused Amit as
he was harassing her.
There are chances of intimidating and repeating the
offence by accused if he is admitted to bail at this state. The
allegations against the applicant/ accused are serious in nature. It
is well settled that the nature and gravity of accusation, severity
of the punishment, danger of the accused absconding, reasonable
apprehension of the witnesses being influenced, prime facie case
against the accused, danger to the society etc. are factors which
have to be kept in mind while exercising powers for grant of bail.
In my considered opinion and owing to the given facts and
circumstances of the case, I am not inclined to grant bail to the
applicant/ accused at this stage. Accordingly, bail application of
the applicant/ accused Vikram stands dismissed.
The observations made on the merits of the case are
purely for the purposes of deciding the present bail application
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and shall not be construed as expression upon the merits of the
case.
Copy of the order be given dasti to the IO as well as
to the Ld. Counsel for applicant/ accused and be communicated
to the applicant/ accused through Jail Superintendent for
information.
(Virender Singh)
Special Judge, NDPS-02,
Central,THC, Delhi/02.08.2025
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