Interim Order 24

Order Details: COPY OF ORDER
Pdf Text: SC No. 422/2024
IA No. 06/2025
STATE VS. JUNAID @ MEHFOOZ @ MODEL & ORS.
FIR No. 383/2024
PS Welcome
U/S 302/120B/34 IPC & 27 Arms Act
14.10.2025
This is an application u/s 483 BNSS for grant of
regular bail moved on behalf of applicant/accused Junaid.
Present during the bail hearing:-
Sh. Sobit, Ld. Addl. PP for the State.
Sh. Virender Kumar, Ld. Counsel for
applicant/accused Junaid.
ORDER
1. It is argued by Ld. counsel for applicant/accused that
he has been falsely implicated in the present case and he is in JC
since 14.06.2024 and he is law abiding citizen and peacefully
living at his house with his family members and the police
officials of PS welcome have arrested him. The main accused
Aman @ Aman Mulla @ Aman has already been granted bail on
28.07.2025 and applicant/accused has no connection with the
said offence and has no previous conviction in any court of law
and he has two small kids and he is the only bread earner of the
family, languishing in jail since his arrest dt. 14.06.2024. Charge
sheet has been filed against all the accused persons and till date
no incriminating evidence has been established against the
applicant/accused. The prosecution cooked a false story with
injured Wasim against applicant/accused as injured Wasim has
alleged that applicant/accused Junaid told him to go to Jafrabad
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metro station to purchase meat, then Wasim and his friend Asif
went on motorcycle along with accused Junaid, but before
Jafrabad metro station, Junaid got stopped the motorcycle on the
pretext of going toilet and he disappeared. Thereafter, both
injured went towards Jafrabad metro, is highly doubtful story
because both injured did not explain why they both went to
Jafrabad metro station, place of meat shop without
applicant/accused junaid.
2. It is further submitted that that there is nothing
available on record, which can link applicant/accused as a
conspirator in this case and there is no concrete evidence
available against Junaid to support prosecution story.
Applicant/accused has been arrested by the police on the basis of
suspicion in this case. The police does not have any proof that
applicant/accused was involved in this case, hence, nothing was
recovered from him. There is no electronic evidence or CCTV
footage or CDR to connect him with the crime and there is no
recovery from his possession. The entire allegations leveled
against the applicant/accused in the present case, are false and
fabricated and he is not needed for further investigation. No
fruitful purpose would be served by keeping him behind the bars.
Ld. counsel for applicant/accused has relied upon the judgment
of
State of Rajasthan v. Balchand and argued that bail is the rule
and jail is an exception and the detention without conviction
violates the right to speedy trial and personal liberty.
Applicant/accused shall not misuse the bail. There is no
apprehension of absconding of the applicant/accused, if he is
granted bail.
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3. Ld. Addl. PP for the State has opposed the bail
application on the ground of gravity of offence and applicant/
accused has played an active role in the commission of crime and
he along with co-accused hatched criminal conspiracy and they
attempted to kill the injured by using weapon i.e. pistol and if he
is granted bail, he may abscond or tamper with evidence.
4. IO has filed a reply and opposed the bail application
5. I have heard the rival contentions of the bail
application and perused the record.
This bail is being decided by this Court, being 1st
Link Court as the Regular Court is vacant due to transfer of Ld.
PO.
6. As per the case of prosecution, a PCR call vide DD
No. 19A regarding firing incident was received and patient was
admitted in the hospital and the same was marked to ASI
Anugraha Sirohi. IO reached the JPC Hospital and obtained the
MLCs of injured persons. Thereafter, local inquiry was
conducted at JPC Hospital and IO reached the spot i.e. near
Shaitan Chowk near MCD Sumaday Bhawan and found the fired
bullet shells along with blood on the footpath and 16 empty
cartridges were found by the crime team. IO checked the CCTV
camera located at MCD Parking along with Crime Team and in
the CCTV footage, at around 2:14 AM, 5 boys were seen hiding
behind an auto and at about 2:14:40: hrs., two persons on a bike
were seen coming from Peeli Mittin side towards Jafrabad Metro
Station and at that time as soon as the motorcycle crossed, 5 boys
hiding behind auto came out and started firing uncontrollably on
the bikers. The bullets were seen hitting the bikers as well as two
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persons sleeping on the footpath. The bike rider initially lost
control out eventually picked up speed and flee away on the bike
and then, those boys chased the bike and they were identified as
Sameer @ Baba, Tauhid, Aman Mulla, Adnan and Faizan.
7. Injured were taken to GTB Hospital and injured
Wasim alleged that on 13.06.2024 at 1 AM, when he was at his
house with his friend Asif, his friend Junaid @ Model came there
and told him to go with him to buy Bakra in Welcome and they
all departed on Asif’s bike and on reaching, Peeli Mitti Area,
Junaid told them that he had to go to toilet and when somewhere
and did not return and they left without him and when they
reached Shaitan Chowk, some unknown persons started shooting
at them and he and Asif suffered gunshot injuries and then, they
were taken to JPC Hospital.
8. On seeing CCTV footage, Wasim identified Sameer
@ Baba, Tauhid, Aman, Adnan and Faizan, who were members
of rival gang and accused Junaid was arrested on 12.06.2024,
who made his disclosure statement and role attributed to him was
that he was part of criminal conspiracy with other co-accused and
he had brought Wasim to the designated area as per plan. There is
no recovery from applicant/accused even after PC. All the co-
accused against whom, there are allegations of firing have
already been released on bail by the Regular Court. Charge-sheet
has been filed and the investigation is complete and
applicant/accused is in JC since about 16 months. Juniad had not
accompanied both injured to Jafrabad Metro Station and
complainant had identified the other accused from the CCTV
footage only and it is mentioned in the previous bail orders that
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faces of persons appearing in CCTV footage was not identifiable,
which was also seen by the Ld. Judge also as recorded in bail
order dated 09.09.2025.
9. Considering the above facts and circumstances of
the case, the bail application of applicant/accused Junaid is
allowed and he is admitted to regular bail on his furnishing a
personal bond in the sum of Rs. 30,000/- with one surety of like
amount to the satisfaction of the concerned court, subject to
following conditions:-
1. That accused will not contact complainant and his family
members or any prosecution witness directly or indirectly in
any manner.
2. The accused will appear before the court regularly during
trial and shall not seek frequent adjournments.
3. In case of change of residential address or contact details, the
applicant shall promptly inform the same to the concerned
Investigating Officer/SHO as well as to the concerned Court.
4. The accused shall not leave the country without the
permission of the court.
10. Nothing mentioned herein shall tantamount to any
expression on the merits of the case.
The bail application is accordingly disposed of.
Copy of this order be sent to Jail superintendent
concerned, IO/SHO concerned and be given dasti to Ld. counsel
for accused.
(Kumar Rajat)
1st Link ASJ-07/SHD/KKD Courts/Delhi
14.10.2025
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