Order 12

Order Details: COPY OF ORDER
Pdf Text: 1
SC No. 137/2024
State Vs. Akram and ors.
(applicant/accused Akram @ Tirru)
FIR No. 782/2023
P.S. Welcome
u/s 323/341/307/452/506/34 IPC
& 25/27 Arms Act.
13.02.2025
Present: Sh. Parmod Kumar, Ld. Addl. PP for State.
Sh. Rajeev Pratap Singh, Ld. LAC for
applicant/accused.
This application under Section 439 Cr. PC r/w 483
BNSS seeking regular bail moved on behalf of applicant, is fixed
for order today.
O R D E R
1. By virtue of this order, application u/s 439 Cr. PC r/w
483 BNSS on behalf of applicant/accused seeking regular
bail, which has emanated out of pending trial before the
court of undersigned, shall be disposed of.
2. Ld. LAC for applicant/accused has submitted that
applicant/accused has been falsely implicated in the present
case; that investigation of present case has been completed
and charge-sheet has already been filed; that co-accused
persons have already been released on bail in the present
case; that applicant/accused has clean antecedents. It has
been further submitted that applicant/accused is ready to
abide by all the conditions imposed by the court, if he is
released on bail. Thus, Ld. Counsel has prayed for grant of
bail to the applicant/accused.
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3. Per contra, Ld. Addl. PP for State has opposed the
present application by referring to the serious nature of
allegations against applicant in the present case. It has thus
been prayed that bail application may be dismissed.
4. In brief, the prosecution case is that on 01.10.2023, a
DD No. 84A w.r.t. quarrel was received at P.S. Welcome
and upon receipt of same, IO/SI Ankur Malik, HC Nazim
and Ct. Amit reached at the spot; IO collected the MLCs of
complainant, Aas Mohd., Shahadat, Noman, and Ramjan;
that on 03.10.2023 complainant came to P.S. and got
recorded his statement/complaint, wherein he submitted that
on 01.10.2023 at about 7.00 pm, he along with his elder
brother Ramjan were standing in front-gate of their house,
one Kesh s/o Kayyum, who was residing in the same gali,
came on his bullet motorcycle in high speed and his
motorycle was about to hit the son of complainant, who was
playing with his friends in the gali; that complainant asked
the accused that
gali me motorcycle aaram se chalaya karo,
upon which, accused Kesh got angry and went away while
abusing and threatening the complainant; that complainant
called at 112 number and after some time, accused Kesh,
Afzal @ Billu, Nadeem, Kayyum, Suhail @ Sallu, Firoz,
Arif and Akhlak came with dandas and iron rods in their
hands and attacked the complainant, his brother and his
nephew and beat them up with danda and iron rods; that
thereafter, they all fled away from the spot; that police
reached at the spot and took the complainant as well as
injured persons to hospital for medical examination; that
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after some time, wife of complainant telephonically
informed him that two persons namely Azruddin @ Ajju and
Akram @ Tirru came in front of the house of complainant
and they fired two bullet shots towards complainant’s wife
and she as well as her children narrowly escaped and they
also threatened to kill the complainant; that on the basis of
statement of complainant and MLCs, present FIR was
registered under Section 323/341/307/452/506/34 IPC & 27
Arms Act.
5. At the outset, it is worthwhile to mention that after
completion of investigation, charge-sheet was filed in the
present case and thereafter a charge under Section
323/325/452/34 IPC was framed upon 8 accused persons,
who have been named above in the present order. However,
a separate charge under Section 307/506/34 IPC was framed
against applicant/accused along with one more co-accused
namely Azruddin and now this case is fixed for prosecution
evidence. As far as role attributed to applicant/accused is
concerned, he along with co-accused Azruddin @ Ajju are
stated to have fired bullet shots upon the wife of complainant
as well as threatened her by way of criminal intimidation.
However, it is worth mentioning that the role of firing from
the pistol, which has been seized in the present case, has not
been ascribed to the applicant/accused, but the same has
been attributed to co-accused Azruddin, who has already
been granted bail by Hon’ble High Court of Delhi vide order
dated 14.01.2025. Also, the said pistol, magazine and empty
cartridges were recovered at the instance of the aforesaid
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co-accused. Importantly, no injury has been sustained by the
wife of complainant due to firing incident. Pertinently, as far
as the allegations levelled against the applicant/accused are
concerned, even if the same are presumed to be correct at
this stage, then too, the same are a matter of trial and
veracity of the said allegations is to be ascertained upon
culmination of trial.
6. Moreover, the applicant/accused is in JC since
03.10.2023, so considering the above discussion, no useful
purpose would be served by keeping the applicant/accused in
further custody, more so, as completion of trial is likely to
take substantial time.
7. Accordingly, in view of facts and circumstances in
totality, applicant/accused is admitted to bail on furnishing
bail bond in the sum of Rs.50,000/- with one surety of like
amount to the satisfaction of this court/Duty JMFC subject to
the conditions that:
1. Accused shall appear in the court on each and every date.
2. Accused shall not threaten or influence the complainant or
any prosecution witness in any manner whatsoever.
3. Accused shall not tamper with the evidence nor shall
indulge in any illegal activities nor shall commit any similar
offence during the bail period.
4 Accused and his surety shall intimate this Court
immediately of any change in their addresses and shall also
furnish their mobile numbers to the IO/SHO concerned.
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It is clarified that in case the applicant/ accused is
found to be violating any of the above conditions, then the
same shall be a ground for cancellation of bail.
Nothing stated herein above shall tantamount to the
expression of any opinion on merits of the case.
Application is disposed of accordingly.
(Vineet Kumar)
ASJ-02/E-Court/Shahdara:
KKD/Delhi/13.02.2025
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