Virender Singh @ Vimmi v. The State NCT of Delhi

1. The accused/applicant seeks regular bail in case FIR No. 284/2023 of PS Special Cell for offence under Section 186/353/307/34 IPC read with Section 25/27Arms Act & 4/5 Explosive Act.

2. Learned APP accepts notice and strongly opposes the bail application.

3. On behalf of the accused/applicant, it is argued that the prosecution case is not truthful and till date the chargesheet has not been committed to the Court of Sessions. Further, learned counsel for the accused/applicant argues that the co-accused have been granted bail, so the present case is a fit case on parity.

KATHPALIA Date: 2025.07.18 17:58:23 +05'30'

4. On the other hand, the learned prosecutor has taken me through record, pointing out the gravity of the offence. It is contended by learned prosecutor that those granted bail are not accused of having fired at the police party.

5. Broadly speaking, the prosecution case is as follows. On 26.11.2023 at about 07:30 pm, a secret informer visited the Special Cell Lodhi Colony and informed ASI Veluswami about movement of two sharpshooters namely Rajpreet Singh @ Raja @ Bamb and Virender Singh @ Vimmi (the accused/applicant), who are members of the international gang of Arshdeep Singh @ Dala and informed they would come between 10:30pm to 11:00 pm for delivery of weapons and money near Noida Link Road, Mayur Vihar Flyover, Delhi. The information was shared with superior officers and a raiding team was constituted. At about 09:45 pm, the raiding team reached the spot and took position. At about 10:15pm, two persons were seen coming on a motorcycle from DND flyover towards Noida Link Road and they stopped near Mayur Vihar flyover entry point, after which they took off their helmets and were identified by the secret informer, disclosing that the driver of the motorcycle was the accused/applicant while the pillion was the other sharpshooter. After waiting for 5-10 minutes, those motorcycle borne persons started moving towards Akshardham Mandir. When signalled to stop, they sped in a zigzag manner due to which the motorcycle skidded and they fell on the road. They tried to flee and when stopped, they started firing indiscriminately at the police party, which in turn had to fire back in selfdefence. Both accused persons were apprehended on the spot. According to KATHPALIA Date: 2025.07.18 17:58:08 +05'30' the investigation, as many as five rounds were fired by the accused persons. The investigator also collected the vital pieces of evidence including forensic evidence and after detailed investigation, chargesheet was filed.

6. Keeping in mind the gravity of the offence described above, apprehension of the prosecution that if released on bail, the accused/applicant would hamper the trial, cannot be considered to be without basis. The accused/applicant is not entitled to claim parity since those granted bail are not alleged to have so brazenly fired at police party.

7. I do not find it a fit case to grant bail to the accused/applicant at this stage. Therefore, the bail application is dismissed. Accompanying application also stands disposed of.

8. Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant.

GIRISH KATHPALIA (JUDGE) JULY 18, 2025 GIRISH KATHPALIA