Final Order 1

Order Details: COPY OF ORDER
Pdf Text: State v. Hasan s/o Mohd. Islam
FIR No. 51/2021
P.S Special Cell
U/s 186/353/307 IPC & 25/27 Arms Act
21.02.2022
Present: Sh. Irfan Ahmed, Ld. Addl. PP for State with IO.
Sh. Iqbal Khan, Ld. Counsel for applicant/accused
through VC.
Present is an application moved on behalf of
applicant /accused Hasan for grant of bail. It is submitted that
applicant/accused has been falsely implicated in the present case as
he has nothing to do with the alleged offence and he is languishing in
j.c since 06.02.2021. It is submitted that applicant/accused never
fired any gunshots upon the police party and nothing incriminating
has been recovered from his possession or at his instance. It is
submitted that the alleged recovery has been planted upon him. It is
submitted that no independent witness has been joined in the
investigation to prove the case of the prosecution. It is submitted that
investigation qua the applicant/accused is already complete and no
fruitful purpose would be served by keeping him behind the bars.
Ld. Addl. PP has vehemently opposed the bail
application arguing that applicant/accused in order to resist his
apprehension, fired gunshots upon the police party and in retaliation,
police also fired upon the applicant/accused but none got injured. It
is submitted that one semi automatic pistol with three live cartridges
was recovered from the possession of applicant/accused alongwith
motorcycle. It is submitted that applicant/accused is a habitual
offender who is reported to be involved in eight other criminal cases.
It is submitted that applicant/accused is also wanted in three cases of
Bagpat, Uttar Pradesh and in those cases, reward of Rs.50,000/ has
also been declared upon him.
Applicant/accused is a habitual offender who is reported
to be involved in eight other criminal cases besides the present case.
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Applicant/accused not only tried to evade his arrest but he has also
the audacity to fire gunshots upon the police party.
Considering the nature of allegations, enormity of
charge and past criminal antecedents of the applicant/accused, I am
not inclined to release the applicant/accused on bail. The instant bail
application stands accordingly dismissed.
Application is disposed off accordingly.
(Dharmender Rana)
ASJ02, NDD/PHC/New Delhi
21.02.2022
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