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Judgment
The accused/applicant seeks regular bail in case FIR No. 03/2024 of Police Station Jahangir Puri for offence under Section 307/120B/147/148/ 149/34 IPC read with Section 25/27 of the Arms Act.
Broadly speaking, the relevant circumstances extracted from the FIR are as follows. On 04.01.2024, at about 04:30pm, when the complainant de facto was going to a park near his home, he saw the present accused/applicant standing outside the park with 07-08 other boys including Akash, Mukesh, Babu, Kanna, Suri, Sanju and Dehla. When the complainant de facto was inside the park and talking to his friend Nandu, he saw that Akash, Mukesh, Kanna and Suri jumped across the wall of the park after which Mukesh exhorted, and Akash and Suri opened fire. But the shot misfired and hit a child, after which the complainant de facto fled.
Learned counsel for accused/applicant contends that he is in custody since 14.03.2024 and remaining accused persons, especially Akash and Suri, who allegedly opened fire have already been granted bail.
Learned APP assisted by Investigating Officer/SI Deepak Kumar accepts notice and in all fairness admits that the role ascribed to the accused/applicant in the FIR is not related to the alleged incident of firing, in the sense that the present accused/applicant was simply standing outside the park when the complainant was entering the park and thereafter, the present accused/applicant did not enter the park, while the co-accused persons opened fire.
Considering the overall circumstances, no purpose would be served by keeping the accused/applicant in jail forever, especially because testimony of the complainant de facto as well as the injured child already stands recorded before the trial court.
Therefore, the bail application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the trial court. Accompanying application also stands disposed of.
Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant.