MOHD. AZHARUDDIN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is an application for regular bail in case FIR No. 524/2020 under Ss. 395/482/412/201/120B/174A IPC and Sec. 24/27 of Arms Act, PS Neb Sarai. It has been submitted that charge-sheet has been filed in the present case and matter is stated to be pending for taking cognizance and for committal to the Sessions Court. The cognizance is being delayed because necessary sanction under Sec. 39 of the Arms Act has not been obtained and FSL report has not been filed on record.

(2.) Notice was issued. Status report has been filed.

(3.) It has been mentioned in the Status Report that three accused persons were arrested on secret information on 12/12/2020. During investigation, recoveries were made from the said accused persons. On 14/12/2020, three more accused persons were arrested at the instance of already arrested accused persons and certain recoveries were made. During the sustained interrogation, accused persons disclosed that applicant Mohd. Azahruddin was master-mind of the crime and he was also present at the place of occurrence at the time of commission of offence as well as during conspiracy. Sincere efforts were made to trace the applicant/petitioner but no clue was found and ultimately he was declared PO vide order dtd. 8/4/2021. The reward of Rs.25,000.00 was also declared against the present accused/applicant and he was arrested on 1/6/2021. Three days PC remand was obtained, the weapon of offence, i.e., country made Katta and part of looted ornaments and mobile phones were recovered at the instance of the present accused. He was duly identified during TIP on 19/6/2021. The analysis of CDRs of mobile phones show that the present petitioner was in constant touch with other co-accused persons during conspiracy and commission of the crime. Charge-sheet already stands filed on 26/8/2021 and the case is still at the stage of consideration of charges, hence the bail has been strongly opposed.