Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Bail Matter No. 416/2026
State Vs. Aman @ Bhati
FIR No. 15/2026
PS Jafrabad
U/s 324(6)/3(5) BNS
& 25/27 Arms Act
09.04.2026
This is 2nd application u/s 483 BNSS for grant of
regular bail moved on behalf of applicant/accused Aman @
Bhati.
Present:- Sh. Jitender Sharma, Ld. Substitute Addl. PP for the
State.
Sh. Prashant Kumar Royal, Ld. Counsel for
applicant/accused Aman @ Bhati.
IO/SI Hemant present.
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 02.02.2026. Police official of PS Jafrabad arrested him
from his house and produced him before the Court. Whole story
of the case is planted and concocted and he is not involved in this
case. Nothing has been recovered from applicant/accused.
Recovery, if any, is planted one. He was arrested on the
disclosure of co-accused and he has clean antecedents and he has
never been convicted. Investigation has been completed and
charge-sheet has already been filed, which is the change of
circumstance since the dismissal of last bail application from this
Court. He has nothing to do with alleged FIR or with any other
case. His bail application was dismissed by Ld. JMFC on
12.02.2026 and other bail application was dismissed on
09.03.2026. Two other co-accused Himanshu and Abdul Sami
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were granted bail. There is no chance to flee from the Court.
There is no possibility to abscond in the present FIR, if Court
granted bail. He is sole bread earner of his family and having
responsibility of old aged mother, his wife and one minor
daughter are also dependent upon applicant/accused. No purpose
would be served by keeping the accused behind the bars and trial
will take considerable time.
2. Ld. Addl. PP for the State has opposed the bail
application on the ground of gravity of offence and that he played
an active role in the commission of crime and he had fired.
3. IO has filed a reply and opposed the bail application.
4. I have heard the rival contentions of the bail
application and perused the record.
5. As per the reply of the IO, on 20-21.01.2025, during
emergency duty, IO received a PCR call regarding firing vide DD
No. 108A dt. 20.01.2025. After receiving the call, IO along with
staff reached at the spot where the complainant told that he along
with his friends namely Nadeem, Rihan and Sanwar were
enjoying party at Chauhan Bangar, Delhi at about 11:30 pm and
three persons came and asked about Hasim, but Nadeem stated
that he did not know him and they went away and came back
after 5 min and asked complainant to come downstairs. When he
refused them, then one of them took out a pistol from his back
and showed it to him and when he closed the door, he heard the
gunshot and called the police at 112 number.
6. FIR is registered u/s 324(6)/3(5) BNS & 25/27 Arms
Act. CCTV footage were checked and accused persons were seen
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in the same. On 23.01.2026, two accused Ajju and Himanshu
were arrested, who disclosed about their involvements in crime
and they were identified in the judicial TIP.
7. Accused Aman @ Bhati disclosed that he made
criminal conspiracy with co-accused and provided the arms and
ammunition and after crime, he gave pistol to accused Sami and
identified his house, but he was not found there and later he was
apprehended on 04.02.2026 and he was correctly identified by
complainant in judicial TIP and at his instance, CCL was
apprehended. As per IO, accused Ajju @ Sameer gave weapon to
accused Aman @ Bhati and firing was done by accused Ajju @
Sameer.
8. Weapon of offence has not been recovered. IO has
not invoked section 109 BNS. There is no recovery effected from
applicant/accused, who is in JC for about 2 months and offence
u/s 324(6) BNS is bailable one and there is no notice u/s 35(3)
BNSS given to him prior to his arrest as the offence is punishable
upto 5 years. He is not FIR named and no injury is caused to
complainant. There is no previous involvement of applicant/
accused filed by the IO. Investigation is complete and charge-
sheet has been filed. On mere abscondance of CCL, accused
cannot be kept in custody for indefinite period.
9. Considering the above facts and circumstances of
the case, the bail application of applicant/accused Aman @ Bhati
is allowed and he is admitted to regular bail on his furnishing a
personal bond in the sum of Rs. 20,000/- with one surety of like
amount to the satisfaction of concerned court, subject to
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following conditions:-
1. That applicant/accused shall join the investigation
as and when called by Investigating Officer/SHO.
2. That accused will not contact complainant and his
family members or any prosecution witness directly
or indirectly in any manner.
3. That accused shall not leave the country without the
permission of the Court.
4. The accused will appear before the court regularly
during trial and shall not seek frequent
adjournments.
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)
ASJ-07/SHD/KKD Courts/Delhi
09.04.2026
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