Order 4

Order Details: COPY OF ORDER
Pdf Text: (I) I.A.No. 01/2024
State vs. Israr Malik
(ii) I.A.No. 02/2024
State vs. Abdul Rehman
S.C. No. 349/2024
FIR No.284/2024
U/s 307/147/148/149/188 IPC & Sec. 33/40 Delhi Excise Act
Police Station: GTB Enclave
Video Conferencing is functional.
28.10.2024
Common order on two separate Bail Applications.
Present: Shri Sanjay Kumar, Subs. Ld. Addl. PP for State.
Shri Parvez Ali, Ld. Counsel for accused/applicant
Israr Malik.
Shri Talib Choudhary, Ld. Counsel for
accused/applicant Abdul Rehman.
1. Vide this common order, this Court shall dispose of two
separate applications u/s 483 BNSS seeking grant of regular bail to
accused/applicants.
2. It is the case of prosecution that both the
accused/applicants in furtherance of this common intention and forming
a unlawful assembly, attacked the complainant and his friend Hazi
Shamshad and caused them multiple injuries. On the basis of statement
of complainant, present FIR was registered.
3. It is stated by Ld. Defence counsels that
accused/applicants have been falsely implicated in the present case. It is
also submitted that accused/applicants have been undergoing judicial
custody since 28.09.2024 & 09.06.2024 respectively. It is argued that
investigation of the present case is complete and chargesheet stands
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filed. It is submitted that seven co-accused persons have already been
granted bail in this case. It is contended that matter is at the stage of
consideration on charge. It is argued that prosecution has cited 22
prosecution witnesses in the present case and trial shall take time.
It is submitted that accused/applicant Israr was granted
interim bail for fourteen days and he did not misuse the same. It is
submitted on behalf of accused/applicant Rehman that he has no
previous involvement. It is also stated that accused/applicants shall
abide by all the conditions imposed by the Court, if ordered to be
released on bail.
4. The bail applications have been opposed by subs. Ld.
Addl. PP for State arguing that there are serious allegations against both
the accused/applicant and therefore, their bail applications be dismissed.
5. Submissions heard. Record perused.
6. A bare reading of the chargesheet would provide that
there are clear and categorical allegations against both the
accused/applicants to have attacked the complainant and injured with
different weapons made of iron/metal. It is also the allegation that
complainant and injured were repeatedly attacked by accused/applicants
namely Israr Malik and Abdul Rehman. The present FIR has been
registered against the accused/applicants by name and they are main
two accused who have caused injuries to complainant and injured.
7. The argument of Ld. Defence counsels that other co-
accused have already been admitted to bail and therefore, they deserve
parity, cannot be considered as the allegations against
accused/applicants are distinct from allegations against other co-
accused already admitted to bail.
8. In the opinion of this Court, matter is at initial stage and
consideration of charge and complainant/injured are yet to be examined.
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A probability of accused/applicants approaching or influencing or
threatening the complainant and injured or other public witnesses of
prosecution cannot be ruled out. The mere fact that co-accused Israr
Malik was released on interim bail cannot be a ground to admit him to
regular bail. This Court is in agreement with the submissions of sub.
Ld. Addl. PP for State that allegations against both accused/applicants
are grave and no ground to release them on bail, at this stage or
proceedings, is made out. The bail applications are, accordingly,
dismissed.
9. Nothing in the present order shall tantamount to
expression of opinion of this Court on the merits of this case.
10. Applications are 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.
12. Order dasti.
(ARVIND BANSAL)
Additional Sessions Judge-05 (Shahdara)
Karkardooma Courts, Delhi/28.10.2024
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