Order 15

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IA 3/25
SC 422/24
FIR No. 383/24
STATE Vs. Junaid & Ors
U/s 307/120B/34 IPC & 27 Arms Act
PS Welcome
(Regular bail application of applicant / accused Aman @ Aman Mulla
@ Amaan Shekh)
28.07.2025
Present: Sh. Pradeep Kumar, Ld. Addl. PP for the State.
Sh. Umesh Kant, Ld. Counsel for applicant
Aman @
Aman
Mulla @ Amaan Shekh.
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
accused/applicant has been falsely implicated in the present case.
Charge sheet has been filed against al the accused persons and till
date no incriminating evidence has been established against the
applicant. The primary evidence relied by prosecution is CCTV
that allegedly shows applicant present at scene of incident. The
said footage, while showing applicant’s presence, does not
establish applicant’s direct involvement in alleged act. The
footage does not clearly shows the applicant committing any
assault with intension or knowledge necessary to constitute an
offence u/s 307 IPC.
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. As per reply of IO, the offence committed by applicant is very
grave in nature and bail is strongly opposed by IO stating that
applicant may threaten the witness if bail is granted.
5. 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.
6. 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 accompany them.
7. 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.
8. 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.
9. There is no recovery by IO of weapon from applicant or no
fire arm has been seized by the IO as per chargesheet. Applicant
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was arrested on 2.9.24 and since then he is in JC. There is no
apprehension of absconding of the applicant, if he is admitted on
bail.
10. In view of above observation, this Court is of the opinion
that denial of regular bail to the applicant, would amount to pre-
trial punishment. Hence, this Court find 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.
11. 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.
12. 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.
13. Nothing in this order shall tantamount to expression of
opinion of this Court on the merits of the case.
14. 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. Copy of order be given dasti to
ld counsel for applicant.
(ANIL KUMAR)
ASJ-05, Shahdara, Karkardooma,
Delhi-28.07.2025/gk
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