Delhi HC refuses to grant bail to accused in attempt to murder case in light of recovery of country made pistol
Justice Swarna Kanta Sharma [22-03-2024]

Read Order: AKSHAY CHAUHAN v. STATE [DEL HC- BAIL APPLN. 3932/2023]

LE Correspondent

New Delhi, April 3, 2024: Noting the seriousness of the matter and the fact that one country made pistol was recovered from the accused-applicant, the Delhi High Court has rejected his bail plea in an attempt to murder case.

The Single-Judge Bench of Justice Swarna Kanta Sharma was considering an application filed under Section 439 of the Code of Criminal Procedure 1973, on behalf of the applicant seeking grant of regular bail in a case registered under Sections 307/201/120-B/34 of the Indian Penal Code 1860 and Sections 25/27 of Arms Act, 1959.

The factual background of this case was that the one of the two boys sitting on the rear seat of motorcycle had shot at the complainant. As a result, the complainant suffered a gunshot injury on his right buttock. The complainant was taken to the Hospital for treatment where his MLC was prepared and the injury was opined to be grievous in nature.

The statement of complainant was recorded wherein it was stated by him that his sister had got married to co-accused i.e. Vishal Sharma about 5 years back, but they had got divorced in October, 2019. However, the applicant had been extending threats to kill the complainant and his brother and thus, the complainant had stated that he would have been attacked by the present applicant. Thereafter, the present FIR was registered.

The applicant’s counsel argued that the applicant had been falsely implicated in the present case and he was arrested only on the disclosure of the main accused. It was further stated that the recovery was implanted on the applicant and had only been cited to fill in the lacunas of the story of the prosecution.

Opposing the bail application, the ASC for the State argued that it was a serious case of attempt to murder and the present applicant was driving the motorcycle on which co-accused Ramdev was sitting and who had fired the gunshot at the complainant and whose regular bail had been rejected.

The Bench noted that from the personal search of present applicant, one country made Pistol were recovered from his jeans, each containing two live rounds of the same bore. The search of a Swift Dzire Car also led to recovery of one black colour Helmet having silver coated design, which was similar to the suspect driving bike used in the incident. Furthermore, it was at the instance of present applicant that a raid was conducted at a Hotel in Dwarka from where the co-accused Vishal and Ramdev were arrested.

As far as the contention of the applicant that co-accused Vishal who was the main conspirator and another co-accused Guddu Kumar had been granted bail was concerned, the Bench found no merit in it since the present accused/applicant was present at the spot, who was riding the bike in question, and his pillion rider had shot at the complainant. Further, as per status report on record, the applicant was also involved in two other criminal cases of similar nature. Thus, the role of the present applicant was different from that of co-accused persons who have been granted bail.

“The trial in the present case has already begun and the case is at the stage of prosecution evidence. Material witnesses are yet to be examined in the present case. Considering the seriousness of the offence, the role of the applicant and the material collected during the investigation, this Court finds no ground to grant regular bail to the applicant at this stage”, the Bench held while dismissing the petition.