Amit @ Rahul v. State

1. Present application has been filed for grant of bail in FIR no.387/2022 under Sections 307 IPC. Chargresheet has also been filed under section 307 IPC and 25/27 of Arms Act registered at PS Bhajanpura, Delhi.

2. Mr.Ramesh Gupta, learned senior counsel submits that initially FIR no.380/2022 was lodged on 05.05.2022 on the statement of Deepak. In the said FIR, complainant Deepak had alleged that his brother Vishal had suffered fire arm injury and had been admitted in the hospital. Injured Vishal had stated that he was going along with his friend Amit to meet the common friend Sonu. It was further alleged that while they Signing were going towards Gamri from Burari, he was driving the car while Amit was sitting on the passenger seat, at around 5.30 p.m. when they reached near mother dairy booth on Panchwa Pushta, a black colour Thar came from the opposite direction and parked the same in front of the complainant’s car. The complainant stated that the registration number of the vehicle was DL 8C AX 1777 and it was being driven by Manish s/o Harmesh Kumar of Gamri Village. He stated that Manish got down from Thar along with his friend and starting firing upon him. Vishal stated that he suffered several gun shot injuries and thereafter he was taken to the hospital. During this incident, the complainant Gaurav Sharma, who was going along with his wife in DL 2F 0007 reached on Gamri Road near Panchwa Pushta. Gaurav alleged that at that time, traffic was slow and a black colour Thar crossed his vehicle. He further stated that suddenly a young boy who was around 28-30 years old came with a pistol and started firing indiscriminately on them and he suffered gun-shot injury on his left hand. On the statement of said Gaurav Sharma FIR no.387/2022 was lodged.

3. Mr.Ramesh Gupta, learned senior counsel submits that the accused is in custody since 26.05.2022. The injury suffered by the complainant was on the right hand and he was discharged from the hospital on 07.05.2022. Learned senior counsel submits that trial may take a long time and therefore the petitioner may be admitted to bail.

4. Learned APP has vehemently opposed the bail application and has submitted that it is a very serious case where in the broad day light, the petitioner was making random fire and a common citizen suffered an injury. Learned APP submits that such kind of incident spreads fear Signing and panic in the minds of the people. It has been submitted that present petitioner has many previous involvements in the serious cases of nature such as extortion, murder, attempt to murder etc. in Uttar Pradesh. Learned APP submits that therefore, the petitioner may not be released on bail.

5. The jurisprudence for grant of bail is very well settled. The court while granting bail in the serious cases has to see the peculiar facts and circumstances of each case. The court has to take into account the criminal antecedents of the accused but has to primarily confine to the merits of the case in which the accused has been arrested. The parameters of grant of bail is very well settled in Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav and Anr. (2004 (7) SCC 528) In para 11 wherein it is stated that "11. The law in regard to grant or refusal of bail is very well settled. The court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind. It is also necessary for the court granting bail to consider among other circumstances, the following factors also before granting bail; they are: (a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence. Signing (b) Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant.

(c) Prima facie satisfaction of the court in support of the charge.”

6. The present case is very peculiar in nature where the accused has allegedly submitted that he was attacked and had suffered many gun injuries and in this process, his friend, in his defence fired gunshot which accidently as stated by learned senior counsel, wounded the complainant. The petitioner is in custody for the last nine months. Trial may take a long time. There is no previous enmity between the injured and the accused. There also does not seem to be any motive.

7. In the circumstances, the petitioner is admitted to bail on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of Trial court subject to the following conditions: a) the petitioner shall remain in contact with the investigating officer b) the petitioner shall not visit the locality where the complainant is residing along his family. c) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case; d) the petitioner shall provide his/her mobile number(s) to the Police Officer In Charge of the case and keep it operational at all times; Signing e) the petitioner shall drop a PIN on the Google map to ensure that his location is available to Police Officer In Charge of the case; and f) the petitioner shall also appear physically or through VC the Police Officer In Charge of the case on each Monday. g) in case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Police Officer In Charge of the case / Court concerned by way of an affidavit.

8. With the above directions, the petition stands disposed of. However, any expression made herein shall not tantamount to be an expression on the merits of the case.

9. Copy of the order be sent to the concerned Jail Superintendent for information and necessary action.

DINESH KUMAR SHARMA, J MARCH 13, 2023 Signing