Deepak vs The State (NCT Of Delhi) & Anr.

The accused/applicant seeks regular bail in case FIR No. 67/2025 of Police Station Ashok Vihar for offence under Section 103(1)/310(3)/317(3)/ 3(5) BNS and Section 25/27 of the Arms Act.

Learned APP for State, assisted by IO/Inspector Somveer Singh, accepts notice and in all fairness does not dispute that presently there is no cogent evidence on the basis whereof the accused/applicant be kept in jail.

Broadly speaking, in this case of robbery and murder, the role attributed to the present accused/applicant is that he furnished the information of whereabouts of the victim to the co-accused persons.

Learned counsel for accused/applicant submits that he is in jail since 03.03.2025 without any evidence. It is submitted that the accused/applicant is innocent.

As regards the evidence collected against the accused/applicant, it is submitted by the IO that the same is in the form of telephonic connectivity between the present accused/applicant and the co-accused soon after the alleged incident of robbery and murder.

But it is also admitted by the IO that no call was intercepted to ascertain as to what was being spoken between the two persons in the subject phone call. Further, there is no evidence of any communication between the present accused/applicant and co-accused prior to the alleged incident to support the allegation that it is the present accused/applicant, who had disclosed the whereabouts of the victim. Most importantly, even as regards the alleged telephonic connectivity, the IO submits that the telephone number from which the present accused/applicant allegedly called up the co-accused is not registered in the name of the present accused/applicant.

In other words, the entire prosecution case against the accused/applicant is based only on the alleged disclosure statements of the co-accused. Of course, these are only preliminary observations while dealing with the rival contentions and the trial court shall take independent view at the end of the trial.

Considering the above circumstances, I do not find any reason to deprive further liberty to the accused/applicant. Therefore, the bail application is allowed and accused/applicant is directed to 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 Trial Court/Duty Magistrate.

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

Accompanying application stands disposed of.