Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail Application no.1769/22
FIR no.137/22: PS Special Cell
Under Section: 25 Arms Act
State Vs. Mange Ram
13.10.2022
Present: Sh.Ashok Kumar, Ld. Addl. PP for the State.
Sh.Himanshu Saxena and Sh. Manish Kumar Singh, Ld.counsel
for the applicant/accused Mange Ram.
IO/SI Manish Kumar is present in person.
Charge sheet is received from the concerned court.
Arguments on the bail application heard. Record perused.
This is the bail application under Section 439 Cr. PC moved on
behalf of applicant/accused Mange Ram.
Brief facts: A secret information was received that the
applicant/accused is peddler and supplier of high quality illegal firearms.
Accordingly trap was laid and on 04.06.2022 at about 9.20 the applicant/accused
was apprehended at Tronika City to Delhi, Main Pusta Road Delhi and on his
cursory search one pistol of 7.65 bore and four live cartridges were recovered
from his personal possession. Further three other pistols of 7.65 bore and ten
desi kattas were recovered from the backpack recovered from his possession.
Recovered illegal arms were seized and case was registered.
It is submitted by Ld.counsel for the applicant/accused that the
applicant is innocent and no offence as alleged has been committed by the
applicant. That the investigation qua the applicant is already complete and
charge sheet has already been filed. That the applicant is not required for
purpose of further investigation. That there is no iota of evidence against the
applicant/accused and there is no eyewitness to confirm the presence of the
applicant/accused on the spot at the time of commission of offence. That the
applicant is confident to prove his innocence and his detention at this stage is a
pre trial incarceration. That the applicant is having deep roots in the society and
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2.
FIR no.137/22: PS Special Cell
Under Section: 25 Arms Act
State Vs. Mange Ram
not previously criminal. It is prayed that the applicant may kindly be enlarged on
bail.
On the other hand bail application is strongly opposed by Ld.
Addl. PP for the state. It is argued that the allegations against the
applicant/accused are grave and serious and he is a habitual offender involved in
six other criminal cases. That the bail applications of the applicant have been
dismissed twice. It is prayed that the bail application may kindly be dismissed.
The applicant/accused is languishing in JC since 04.06.2022.
Recovery has already been effected and no further custodial interrogation is
stated to be required. Trial is going to take long time and no useful purpose is
going to be served by keeping the applicant/accused further in JC as recovery
has already been effected and no further recovery is sought to be effected.
Considering the facts and circumstances of the case, period of
custody already undergone, the fact that the applicant/accused is not required for
any custodial interrogation, I am inclined to allow the present bail application
under Section 439 Cr. PC moved on behalf of applicant/accused Mange Ram.
The applicant/accused Mange Ram is admitted to bail on furnishing bail
bond in the sum of Rs.50,000/- with one surety in the like amount to the
satisfaction of Ld. Trial Court/Ld.CMM/MM/Duty MM and subject to the
following conditions:
(a) The applicant 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;
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3.
FIR no.137/22: PS Special Cell
Under Section: 25 Arms Act
State Vs. Mange Ram
(b)The applicant 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 will not leave the country without prior
permission of the court concerned.
With these observations the bail application moved on behalf of
applicant/accused Mange Ram is disposed off.
Copy of this order be given dasti to Ld.counsel for
applicant/accused.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
13.10.2022
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