Interim Order 22

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IA 4/25
(Regular bail of applicant Tohid @ Alam @ Sohail)
SC 422/24
STATE GNCTD Vs. Junaid & Ors.
FIR No. 383/24
PS Welcome
U/s 307/120B/34 IPC & 27 Arms Act
09.09.2025
Present: Sh. Pradeep Kumar, Ld. Addl. PP for the State.
Sh. Arpit Rai & Ms. Tushima, Ld. Counsel for applicant.
1. This is bail application under Section 483 BNS/439 Cr.P.C.
seeking grant of regular bail to accused/applicant.
2. Ld. Counsel for accused/applicant submits that applicant
has been falsely implicated in the present case and he is in JC
since 02.09.2024. Name of applicant does not mention in FIR
nor there are any direct allegations against him. The footage in
question is unidentifiable in nature and does not clearly depict or
establish identify of applicant. No TIP of applicant was
conducted. No firearm or weapon was recovered from possession
of applicant. Applicant is similarly situated to the co accused
Faizan and aman @ Aman Mulla who have already been gratned
bail on 28.7.25. The role attributed to applicant is similar to that
of two co -accused Faizan and aman @ Aman Mulla and on the
ground of parity applicant is also entitled for bail.
3.
Per contra, bail application opposed by Ld. Addl. PP for State
with say that there are serious allegations against the applicant.
Charge is yet to be framed and main witnesses are yet to be
examine. If applicant is released on bail there is possibility of
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tempering of evidences. Offence is grevious in nature and
applicant does not deserve any indulgence by the Court.
4. Prosecution case against the applicant is that he alongwith other
co accused persons fired upon injured Asif and Wasim while they
were going on motorcycle towards metro station Jafrabad and
they as well as two other persons suffered gun fire injury.
Injured Wasim has alleged that accused Junaid told him to go to
Jafrabad metro station to purchase meat then Wasim and his
friend Asif went on motorcycle alongwith accused Junaid but
before Jafrabad metro station Junaid got stopped the motorcycle
on the pretext of going toilet and he disappeared. Then both
injured went towards Jafrabad metro station.
5. This Court is unable to understand as to why both injured
went to Jafrabad metro station, the place of shop of meat when
Junaid did not accompanied them.
6. As per the prosecution case the persons who had fired
upon the injured are not known to injured Asif and Wasim but
some CCTV footage was found by the police. On the basis of the
CCTV footage assailants have been identified as accused persons
in present case.
7. On query of the Court it is stated by Ld.APP that face of
person appearing in CCTV footage is not identifiable. This Court
also finds the same thing.
8. There is no recovery of weapon from applicant. Case of
applicant is at par to the accused persons already admitted on
regular bail. Applicant was arrested on 14.6.24 and since then he
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is in JC. There is no apprehension of absconding of the applicant,
if he is admitted on bail.
9. In view of above observation, this Court is of the opinion
that applicant is entitled for regular bail. This application is
allowed. Accused/applicant is admitted to bail on furnishing Bail
Bond in the sum of Rs.25,000/- with one surety in the like
amount to the satisfaction of this Court.
10. Accused is informed that in case he is unable to comply
with bail conditions, he is at liberty to move an appropriate
application under Section 440(2) Cr.P.C.
11. The bail is further subject to the condition that
applicant/accused shall not threaten or influence the prosecution
witnesses. He shall attend the Court hearing on regular basis and
shall intimate any change of his address to the IO/Court
immediately.
12. Nothing in this order shall tantamount to expression of
opinion of this Court on the merits of the case.
13. 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 accused/applicant through concerned Jail
Superintendent for information.
14. Copy of order be given dasti to ld counsel for
applicant.
(ANIL KUMAR)
ASJ-05, Shahdara, Karkardooma,
Delhi-09.09.2025/gk
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