Sameer Ahmad v. The State Govt of NCT Delhi

Delhi High Court · 30 Jan 2026 · 2026:DHC:749
Girish Kathpalia
BAIL APPLN. 420/2026
2026:DHC:749
criminal appeal_allowed

AI Summary

Anticipatory bail granted to accused in Arms Act case due to lack of direct incriminating evidence beyond co-accused's statement and material circumstances.

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BAIL APPLN. 420/2026
HIGH COURT OF DELHI
Date of Decision: 30.01.2026
BAIL APPLN. 420/2026, CRL.M.A. 3210/2026 & 3209/2026
SAMEER AHMAD .....Petitioner
Through: Mr. Deepak Kumar Gupta, Advocate
VERSUS
THE STATE GOVT OF NCT DELHI THROUGH SHO. PS KESHAV PURAM .....Respondent
Through: Mr. Amit Ahlawat, APP for State
WITH
IO/SI Mukul, PS Keshav Puram
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The accused/applicant seeks anticipatory bail in case FIR NO. 556/2025 of PS Keshavpuram for offence under Section 25/54/59 Arms Act.

2. Broadly speaking, the prosecution case is that as a matter of chance recovery, a country made pistol was recovered from one Amit Kumar, who on being interrogated, alleged that he had purchased the said weapon from the present accused/applicant. It is on the basis of that confessional statement of Amit Kumar while he was in custody, that the accused/applicant has been booked.

3. Learned counsel for accused/applicant submits that there is no admissible evidence against him and he is being falsely implicated in this BAIL APPLN. 420/2026 pages case.

4. Learned APP for State assisted by IO/SI Mukul opposes the bail application. Learned APP for State in all fairness admits that apart from statement of Amit Kumar, there is no other incriminating evidence against the accused/applicant. However, it is submitted by learned APP for State that the investigation revealed money transaction of Rs.30,00,000/- between Amit Kumar and the accused/applicant. It is also submitted by learned APP for State that against the accused/applicant, proceedings under Section 82/83 CrPC have been initiated.

5. Considering the above circumstances, especially the material cited by prosecution side against the accused/applicant, I find no reason to deprive the accused/applicant liberty.

6. The application is allowed and it is directed that in the event of his arrest, the accused/applicant shall be released on bail, subject to his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned. It is further directed that the accused/applicant shall without failure join investigation as and when directed by the IO in writing. Pending applications also stand disposed of.

GIRISH KATHPALIA (JUDGE) JANUARY 30, 2026