Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Bail application no. 1378/24; FIR no.136/24, PS South Campus
State Vs. Ahmad Nabi
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ASJ-05, NEW DELHI DISTRICT, PHC, NEW DELHI.
Bail Application no. 1378/24; FIR no.136/24
PS South Campus
State Vs. Ahmad Nabi
Under Section: 109(1)/115(2)/126/191/351(3)/3(5) BNS
21.09.2024
Present: Sh. P. N. Singh, Ld. Sub. Addl. PP for the State.
Sh. R. S. Malik, Sh. Abhishek Kumar and Sh. Kanav Gupta,
Ld.counsel for the applicant/accused.
IO/SI Yashpal Yadav in person.
It is submitted by the investigating officer that result on the MLC
of the injured is not yet received.
Arguments heard. Record perused.
This is the bail application under Section 483 Bharatiya Nagarik
Suraksha Sanhita(BNSS), 2023 moved on behalf of applicant/accused Ahmad
Nabi for grant of regular bail.
It is submitted by Ld.counsel for the applicant/accused that the
applicant has not attributed any specific role to the present applicant in his
complaint and he is in custody more than 10 days. That the injury suffered by the
complainant has been attributed to other persons and the applicant has nothing to
do with the alleged offence. That no recovery of any kind of weapon was
effected from the applicant/accused. That the applicant has been falsely
implicated in the present case with oblique motive. That the custodial
interrogation of the applicant is not required in the present case as nothing has to
be recovered at the instance of the applicant. That the applicant belongs to
respectable family having deep roots in the society and not previously involved
in any criminal case. It is prayed that the applicant/accused may kindly be
enlarged on bail. In support of his submissions Ld.counsel for the
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Bail application no. 1378/24; FIR no.136/24, PS South Campus
State Vs. Ahmad Nabi
applicant/accused has placed reliance upon the judgments of Ho’ble Supreme
Court in Dajya Moshya Bhil & Ors. Vs. State of Maharashtra, 1994(Supp) SCC
373, Mobin Vs. State of UP, 2001 Crl. LJ 2098, HB Chaturvedi Vs. CBI,
2010(3) JCC 2109 and Sanjay Chandra Vs. CBI, 2011 (4) JCC 2913.
On the other hand bail application is strongly opposed on behalf of
state. It is argued that the investigation is at the nascent stage and release of the
applicant/accused at this stage may hamper the fair investigation.
Brief facts: The complainant has alleged that on 25.08.2024 at
around 8:30 PM around 8-10 Boys come to Love Bite Café located at Ground
Floor of House No. 207 Satya Niketan in intoxicated and drunk state and
demanded for a table. No table was vacant, hence the Manager refused for the
same, but the said persons suddenly got very angry and started beating the hotel
staff. One of those boys attacked on the stomach and waist of the complainant
with sharp object. When they came out of the café gate, one person on the
provocation of other persons, fired upon the complainant. The bullet passed by
and hit at the wall.
The applicant/accused Ahmad Nabi was caught at the spot and
beaten by the public.
It is an admitted case the applicant/accused has not fired and the
pistol used in the alleged incident was recovered from the co-accused Javed. The
applicant/accused is in judicial custody since 26.08.2024 and he has already
undergone custodial interrogation. Injured has already been discharged from the
hospital. Result on the MLC of injured not yet received. No serious role is
alleged against the applicant/accused. The applicant/accused is stated to be
young school going boy aged about 18 years and not previously involved in any
other case. The applicant/accused can not be kept incarcerated for indefinite
period, on the pretext that the other accused persons are absconding.
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Bail application no. 1378/24; FIR no.136/24, PS South Campus
State Vs. Ahmad Nabi
In view of aforesaid discussions, bail application is allowed. The
applicant/accused Ahmad Nabi is admitted to bail on furnishing bail bond in the
sum of Rs.30,000/- with one surety in the like amount to the satisfaction of Ld.
CJM/Ld.JM/Ld.Duty JM/Link JM concerned and subject to the following
conditions:
(a) The applicant/accused shall furnish to the Investigating Officer/
S.H.O., a cell phone number on which the applicant may be contacted at any
time and shall ensure that the number is kept active and switched-on at all times;
(b) The applicant/accused shall not tamper with evidence nor
otherwise indulge in any act or omission that is unlawful or that would prejudice
the proceedings in the pending matter;
(c) The applicant/accused shall not leave the country without prior
permission of the court concerned.
Bail application disposed off accordingly.
Copy of this order be given dasti to Ld. Counsel for
applicant/accused and in compliance of Sanjay Singh Vs. State (Govt. of NCT of
Delhi), Writ Petition Criminal no. 974/22, copy of this order be also sent to the
concerned Jail Superintendent to convey the order to the inmate.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
PHC, New Delhi/21.09.2024
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