Interim Order 12

Order Details: COPY OF ORDER
Pdf Text: IA No:- 2/2025
SC No:- 1/2025
STATE Vs. AMIT @ POLI ETC.
FIR No:- 414/2024
Police Station:- Kalyan Puri
15.10.2025
File is taken up today on 1st application under Section
439 Cr.P.C for grant of regular bail moved on behalf of
applicant/accused Chand Babu @ Chandu S/o Mr. Israil through
Ld. Counsel.
Present:- Sh. Vineet Kumar, Ld. Addl. PP for the State.
Complainant in person along with Ld. Counsel Ms.
Pinky Rani.
Sh. A. K. Bali, Ld. Counsel for applicant/accused
Chand Babu @ Chandu S/o Mr. Israil.
Brief allegations against present applicant/accused
are that he hatched criminal conspiracy to commit murder of
deceased Babu Lal @ Rohit along with co-accused persons i.e.
accused no. 1 Amit @ Poli, accused no. 3 Rohit @ Apple and CCL
‘P’ @ ‘A’.
It is argued by Ld. Counsel for applicant/accused that
accused is young boy of 22 years of age, having deep roots in the
society and is the sole bread earner of his family. It is argued that
present applicant/accused is in custody since 24.11.2024 and
charge had already been framed in this case. It is further argued
that present applicant/accused was neither named in FIR nor was
present at the spot at the relevant date and time of alleged incident.
It is further argued that no fruitful purpose would be served by
keeping applicant/accused behind the bars.
Contd….2
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IA No:- 2/2025
SC No:- 1/2025
STATE Vs. AMIT @ POLI ETC.
FIR No:- 414/2024
Police Station:- Kalyan Puri
Per contra, it is argued by Ld. Addl. PP for the State
that offences alleged against present applicant/accused are grave
and serious in nature. It is argued that present applicant/accused is
master mind who hatched criminal conspiracy to commit murder
of deceased Babu Lal @ Rohit along with co-accused persons. It is
argued that there are eye-witnesses i.e. brother namely, Shivam
and sister namely, Neha of deceased who had seen both the
accused persons i.e. Amit @ Poli and Rohit @ Apple at the spot
committing incident in question. Moreover, it is argued that
accused Rohit @ Apple along with CCL ‘P’ @ ‘A’ are seen in
CCTV footage while following the deceased on the relevant date
and time of incident and accused Amit @ Poli is seen reaching the
spot of incident at about 12:53 PM while holding the knife. It is
further argued that during investigation it is brought on record that
applicant/ accused Chand Babu @ Chandu was in constant touch
with co-accused persons and had spoken to CCL ‘P’ @ ‘A’ on the
date of incident i.e. 01.09.2024 at about 10:36 AM. It is further
argued that immediately after the incident in question accused
Amit @ Poli made two calls to accused Chand Babu @ Chandu at
about 01:33 PM and 01:46 PM which shows complicity of accused
Chand Babu @ Chandu in commission of alleged offences.
Thereater, accused Amit @ Poli ran to the house of accused Chand
Babu @ Chandu where he changed his clothes and later on both of
Contd….3
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IA No:- 2/2025
SC No:- 1/2025
STATE Vs. AMIT @ POLI ETC.
FIR No:- 414/2024
Police Station:- Kalyan Puri
them disposed of the clothes worn by accused Amit @ Poli (at the
time of relevant incident) in Hindon river with intention to
screening accused Amit @ Poli from punishment.
I have heard the arguments on behalf of both the
parties and carefully perused the record.
Considering the totality of circumstances, role of
present applicant/ accused, severity of allegations in question, fact
that present matter is still at its initial stage and not a single witness
is examined so far, this Court does not deem it expedient to grant
bail to present applicant/accused Chand Babu @ Chandu S/o Mr.
Israil at this stage.
Present application is accordingly stands dismissed.
Copy of the order be given “dasti” to Ld. Counsel for the
applicant/accused as requested.
Now, to come up on date fixed i.e. 19.11.2025 for
purpose already fixed.
(Akash Jain)
ASJ-04, East District
KKD Courts, Delhi: 15.10.2025
(G)
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