Bilal Malik @ Aman vs State NCT Of Delhi

The accused/applicant seeks regular bail in case FIR No. 179/2024 of PS Jafrabad for offence under Section 302/120B IPC and Section 25 Arms Act.

At the outset, learned senior counsel for accused/applicant on instructions submits that in compliance with last order, the accused/applicant has duly surrendered. This is affirmed by the IO/Inspector Dheeraj Kumar. I have heard learned senior counsel for accused/applicant and learned APP for State assisted by the IO.

Broadly speaking, the prosecution case is that on 10.05.2024, a telephonic information was received in the police station to the effect that in an incident of gun fire, one person had got killed. The investigating officer reached the spot and carried out the requisite investigations through the crime team. The dead body was identified to be of Nazim. Further investigation, according to prosecution revealed that since wife of Nazim had affair with the present accused/applicant Bilal, the latter hired three assassins, who shot dead Nazim and fled.

Learned senior counsel for accused/applicant contends that he is in jail for past two years three months and there is no admissible evidence against him. It is contended that apart from confessional statement of Sohail @ Chappal, who had been named by the alleged shooters, there is no other evidence against the accused/applicant. Further, learned senior counsel has taken me through previous orders including the documents on record to demonstrate the precarious medical condition of the accused/applicant, for which he had been granted interim bail and finally he surrendered in compliance with directions of this Court. It is also submitted that the accused/applicant did not misuse the interim liberty and duly surrendered.

Learned APP on instructions of the IO submits that in addition to confessional statement of co-accused recorded in police custody, there is also an evidence in the form of recovery on the weapon of offence from the accused/applicant. However, learned APP also in all fairness admits that the alleged weapon of offence being a pistol was sent to FSL but the report came that it was non-functional. There is no other evidence according to prosecution against the accused/applicant.

Considering the above circumstances, especially the evidence collected against the accused/applicant after which chargesheet has been filed and also keeping in mind the medical condition and conduct of the accused/applicant in not misusing the interim liberty and surrendering in compliance of directions, I do not find any reason to further deprive liberty to the accused/applicant.

Therefore, the application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the Trial Court.

A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.