Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF MS. SURABHI SHARMA VATS, ASJ-04
(SHAHDARA), KARKARDOOMA COURTS, DELHI.
SC No. 311/2024, IA No. 2/2025
State Vs. Akshay Kumar
FIR No.: 189/2024
U/s 307 IPC & 25/27 Arms Act
PS Welcome
30.01.2025
File taken up today an application U/s 483 BNSS
seeking interim bail for one month moved on behalf of applicant/
accused Akshay Kumar.
Present: Sh. S.K. Dubey , Ld. Addl. P.P. for the State.
Sh. Pravesh Kumar, Ld. Counsel for applicant/
accused.
Arguments heard on the present application.
1. Ld. Counsel for the accused/applicant has argued that
interim bail be granted to the applicant/accused, since he intends to
get his child admitted to Victor Public School, Main Chowk,
Maujpur, Delhi and for the same, he has to arrange admission fees/
donation of Rs. 80,000/-.
2. Ld. Addl. P.P for the State has opposed the interim
bail application on the ground that the allegations against the
applicant/accused are serious in nature; the matter is at the initial
stage and all the witnesses including complainant are yet to be
examined. Therefore, chances of his tampering with the witnesses
and fleeing away cannot be ruled out at this stage
3. This Court heard the submissions of Ld. Counsel for
the accused/ applicant and Ld. Addl. P.P. for the State and perused
-- 1 of 3 --
the record.
4. Perusal of the record reveals that the offence so
alleged against the applicant/accused is serious in nature since, he
allegedly fired gun shots upon the injured resulting into serious
injuries upon him. Further, during the course of investigation, IO
has also recovered the pistol as well as empty cartridges. Further,
as per the record, the charge is yet to be framed and the witness/
complianant/ injured is yet to be examined and as such, possibility
of tampering with the evidence cannot be ruled out.
5. Be that as it may, with regard to the contention so
made by the applicant, the present application is completely vague
and silent as to how the applicant/accused intends to arrange for
the alleged amount of Rs. 80,000/-. It is not clear from the bail
application so far that wife of the applicant/accused is not working
or has no sufficient means to support the fees of the child. Further,
the present application is completely vague with regard to parents
or other family members of the applicant/ accused or his wife who
can duly support financially to get the child appropriate education/
admission in school.
Considering the nature of offences alleged against the
accused, stage of the case as well as the reasons discussed above,
this Court is of the considered opinion that no ground is made out
to grant interim bail to the accused/ applicant Akshay Kumar.
Therefore, the present interim bail application stands, dismissed.
6.
Nothing expressed hereinabove, shall tantamount to
any opinion on the merits of this case.
-- 2 of 3 --
7. In compliance of directions of Hon’ble Supreme
Court of India in case titled
‘In Re: Policy Strategy for Grant of
Bail’, Writ Petition (Crl.) No. 04/2021 dated 31.01.2023, copy of
this order be sent to applicant through concerned Jail
Superintendent for information.
8. Copy of this order be given dasti to Ld. Counsel for
applicant/accused and IO. Interim bail application stands disposed
of.
(SURABHI SHARMA VATS)
ASJ-04, Shahdara/KKD
Courts, Delhi/30.01.2025
-- 3 of 3 --