Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Applications Nos. 2141/24, 2142/24 & 2143/24
State Vs. Nadim, Rihan and Abrar
FIR No. 637/24
U/s 309(6)/3(5) BNS
PS – Harsh Vihar.
03.12.2024
(Pen drive containing digital signature of undersigned has expired).
Present: Sh.Rakesh Kumar, Ld. Addl. PP for the State.
Sh. Abhishek Jha, Ld. Counsel for the applicants.
IO/ASI Nempal Singh.
Sh. Neeraj Kumar, Ld. Counsel for the Complainant.
These are three applications u/s 485 BNSS for grant of
anticipatory bail moved on behalf of applicants Nadim, Rihan and Abrar
(arising out of same FIR).
Replies to the bail applications have been filed. Copies supplied.
It is submitted by the Ld. Counsel for the applicants that the
applicants are innocent and they have been falsely implicated in this case. It
has been further submitted that it is alleged in the FIR that on 12.11.2024 at
about 2.30 p.m, a customer parked his motorcycle near Biryani shop of the
Complainant at one side of the road and in the meantime, Asif @ Parvez
crossed from there in Chhota Hathi and asked to remove the said motorcycle
and went from there after abusing. The said Asif returned back and started
abusing and quarreling with the Complainant and the employee of the
Complainant came to mediate and said Asif started abusing and quarreling
them and they went at the road crossing while quarreling and in the meantime
all the applicants/accused (who were known to Asif) started beating them and
drove them near wooden taal and beat them with fists and leg and someone
took his Rs. 6000/-. The Complainant and his employee Bobby came to his
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shop and in the meantime, all the applicants/accused came to shop and beat
the Complainant and robbed Rs.4000/- from the shop. It has been further
submitted that there is no specific allegation against the applicants/accused
persons. It has been further submitted that the applicants are ready and
willing to join the investigation as and when directed by the IO/SHO and are
ready to comply with any terms and conditions for grant of bail.
On the other hand, bail applications have been vehemently
opposed by the Ld. Addl. PP stating that the allegations against the applicants
are of serious nature and they are not entitled for any leniency.
Present one is a case u/s 309(6)/3(5) BNSS. The
applicants/accused are named in the FIR and specific role has been assigned
to them in the contents of FIR. As per the reply filed by the IO, the
applicants/accused are not cooperating in the investigation and that the co-
accused persons are still at large. It is submitted by the IO that the custodial
interrogation of the applicants is required for the recovery of the weapon(s) of
offence as well as the robbed money. Considering the overall circumstances,
nature of allegations and the gravity of the offence, no ground is made out to
allow the applications. Consequently, anticipatory bail applications of
applicants/accused Nadim, Rihar and Abrar as disposed of as dismissed.
Copy of the order be given dasti, if required.
(Raghubir Singh)
Addl. Sessions Judge (FTC),
Shahdara District,
Karkardooma Courts
Delhi/03.12.2024
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