Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32
Bail Matters 1033/2026
STATE Vs. SAMEER
FIR No. 21/2025
PS (NSP Metro)
20.05.2026
Present : Sh. K D Pachauri, Ld. Addl. PP for the State.
Sh. Gauravjeet Singh Narwan, Ms. Aanchal Singh Ld.
Counsels from DMRC
Sh. Ramesh, official from DMRC
Ld. counsel for the accused.
1. This is an application under Section 483 BNSS for grant of bail,
moved on behalf of applicant/accused Sameer.
2. It is submitted by ld. Counsel for applicant/accused that the
applicant is in JC since 28.11.2025 and above case is fixed before the
court of Ms. Ebbani Aggarwal, Ld. JMFC and is fixed for arguments on
charge on 20.05.2026 and PS NSP Metro has falsely implicated the
accused and has not commited any offence as alleged and is not named in
the FIR and applicant has no concern with alleged incident and applicant
is not a previous convict. It is submitted that applicant is the only earning
member of his family consists of his siblings and widow mother. It is
submitted that investigation is complete and charge sheet has been filed
and applicant is no more required fro any purpose of investigation and no
purpose would be served by keeping him in JC.
3. Ld Counsel for the complainant submits that as per his
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information, applicant is having 6 previous involvements. It is submitted
that 4 feet of heavy electric wire has been recovered from the applicant .
It is further submitted that kind of wire is not available in market, hence,
involvement of applicant is clearly visible. It is further submitted that
there is one case against the applicant related to Gurugram and the same
pertains to Arms Act.
4. It is submitted by the Ld. Addl. PP for the State that as per report
of IO, that family of accused Sameer @ Chooha have no control over
him as he is a habitual offender & is a habitual smoker. It is submitted
that if released on bail, he is a threat to society. It is submitted that
accused is unemployed and if released on bail, he will commit the same
crime again and may jump bail and is also previously involved in same
crime and has previous involvement of which details are attached.
Hence, submitted that the bail be dismissed.
5. Heard. Perused.
6. It is not denied by the complainant that when the accused was
formally arrested in this case, he was already in JC. His name had
appeared in the disclosure of other co-accused. After making formal
arrest of the applicant on disclosure, 20 inch of cable is stated to have
been recovered. It is stated that recovery was from open ground and the
wire was embedded in the land. It was also conceeded by complainant
that there was no public witness at the time of recovery from the
applicant. In these circumstances, applicant deserves bail, therefore, the
application is allowed. Applicant/accused is admitted to bail on
furnishing personal bond in sum of Rs. 10,000/- with one surety of the
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like amount subject to the conditions that:
(a) Applicant/accused shall not commit the same offence again & must
not threaten the witnesses;
(c) Applicant/accused shall provide his fresh address by way of an
affidavit in the Court after his release and in case of any change in his
address shall inform the Court;
(c) Applicant/accused shall appear on each and every date of hearing
before the Court.
7. Application stands disposed off. Copy dasti. Copy of this order be
also sent to Jail Superintendent.
(SHIVAJI ANAND)
ASJ-II/SPECIAL JUDGE NDPS/
NORTH-WEST/ROHINI COURTS/
DELHI/20.05.2026
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