Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: I.A.No.01/2025
S.C.No.323/2024
FIR No.241/2024
U/s 307/34 IPC & Sec.25/27 Arms Act
Police Station: Harsh Vihar
State vs. Avnish @ Manish
Through Hybrid Mode
08.05.2025
Order on Regular Bail Application.
Present: Shri Pradeep Kumar, Ld. Addl. PP for State.
Shri Ravinder Kumar & Ms. Santosh Dixit, Ld. Counsel
for accused/applicant.
1. This is an application u/s 483 BNSS seeking grant of
regular bail to accused/applicant.
2. Arguments already heard on 07.05.2025.
3. It is the case of prosecution that three assailants including
accused/applicant and co-accused Rahul fired gun-shots at the victim
Prashant.
4. It is stated by Ld. Defence counsel that accused/applicant
has been falsely implicated in the present case. It is also submitted that
accused/applicant has been undergoing judicial custody since 07.02.2024.
It is argued that no recovery was effected from the accused/applicant. It is
submitted that accused/applicant was shown to the complainant before his
TIP. It is also stated that accused/applicant shall abide by all the
conditions imposed by the Court, if ordered to be released on bail.
5. The bail application has been opposed by Ld. Additional
PP for State arguing that there are serious allegations against the
accused/applicant and therefore, application be dismissed.
6. Submissions heard. Record perused.
7. This Court has gone through the initial statement as well as
supplementary statement of complainant/victim Prashant. The
complainant has categorically stated in both his statements that he can
-- 1 of 2 --
-2-
identify the accused persons who fired gun-shots at him. He named two
such accused in his supplementary statement asserting that he can identify
the third one. After arrest of accused/applicant, he was subjected to TIP
wherein complainant correctly identified him. The defence of accused that
his photograph was shown to complainant does not find any prima facie
corroboration from the material on record, and is a matter of trial.
8. The matter is still at the stage of framing of charge and
complainant is yet to be examined. Further, there is every possibility of
accused/applicant threatening or influencing the complainant/victim.
Further, allegations against the accused/applicant are grave. No ground is
made out to allow the application at this stage. The bail application is,
accordingly, dismissed.
Before parting with the present order, it is ordered that
since matter is pending for consideration for charge for quite a long time,
the date already given i.e. 01.07.2025 stands cancelled. Matter is
preponed. Issue production warrants against accused persons for
19.05.2025 for consideration on charge.
9. Nothing in the present order shall tantamount to expression
of opinion of this Court on the merits of this case.
10. Application is disposed of accordingly.
11. In compliance of directions of Hon’ble Supreme Court 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.
Order
Dasti.
(ARVIND BANSAL)
Additional Sessions Judge-05 (Shahdara)
Karkardooma Courts, Delhi/08.05.2025
-- 2 of 2 --