Sagar @ Golu vs The State (Govt. Of Nct, Delhi)

The accused/applicant seeks regular bail in case FIR No.487/2018 of PS Bawana for offence under Section 302/120B/34 IPC and Section 25/27 Arms Act.

This application has been received today itself by way of transfer since the bail application of co-accused Sandeep @ Bunty was allowed by this bench.

Status report is already on record.

I have heard learned counsel for accused/applicant and learned APP for State assisted by IO/Inspector Imtiaz Alam. I have also heard learned legal aid counsel on behalf of family of the deceased.

As per prosecution case, at about 07:30 pm on 26.12.2018 on the basis of telephonic information about a dead body lying at Bawana bus stand, the first Investigating Officer reached the spot and found an unidentified dead body in a pool of blood. From inquiries on the spot, it got revealed that the deceased had suffered bullet injury. The first IO sent the body to the hospital but did not find any eyewitness on the spot, so proceeded to the hospital from where he collected MLC of the deceased certifying that the deceased had been brought dead. Since no eyewitness was found, the Investigating Officer collected and seized the physical articles of evidence and thereafter got the FIR registered at PS Bawana for offence under Section 302 IPC and Section 25/27 Arms Act. Thereafter, in the course of investigation, Bhavik, son of the deceased Manoj contacted the Investigating Officer and informed that in his presence, his father Manoj was shot dead by Ritik. After his arrest, Ritik in custody of the Investigating Officer named the accused/applicant as one of his accomplices who accompanied him at the time of incident. It is thereafter that the accused/applicant was apprehended and arrested in this case.

Thence, except the confessional statement of Ritik, which was recorded when he was in custody of the Investigating Officer, no other evidence connecting the accused/applicant with the alleged offence has been shown to this Court.

Learned counsel for accused/applicant seeks parity for the accused/applicant with co-accused Sandeep @ Bunty, who was granted bail by this Court on 28.04.2025.

Learned APP for State assisted by the IO submits that the accused/applicant is involved in two more cases, though he is on bail in those cases. However, learned APP for State on instructions of the IO fairly admits that apart from confessional statement of the alleged shooter Ritik in custody, there is no other evidence against the present accused/applicant except that he refused to join TIP. It is also fairly admitted by learned APP for State that even the co-accused Sandeep @ Bunty had refused to join TIP.

Learned counsel for family of the deceased also opposes the bail application on the ground that the accused/applicant is a member of Rajesh Bawania gang, which had enmity with the Neeraj Bawania gang and the deceased was member of the latter.

As also stated in the status report itself, even the deceased was involved in 15 heinous criminal cases, including the offences under TADA.

Keeping in mind that apart from confessional statement of co-accused Ritik, there is no incriminating evidence against the present accused/applicant and that the co-accused Sandeep @ Bunty has already been granted bail, I find no reason to deny 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.

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

Accompanying application stands disposed of.