SHUBHAM Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This is an application under Sec. 439 Cr.P.C. seeking regular bail in FIR No. 697/2022 dtd. 12/8/2022 under Ss. 147/148/149/307/427/506/323/34 IPC and Ss. 25/27 of the Arms Act registered at PS Wazirabad.

(2.) As per the FIR, a group of around 10-15 men including the applicant gathered outside the house of the complainant in an inebriated condition at about 10:30 pm on 11/8/2022, holding empty beer bottles, bricks and one of them even had a gun. It is stated that they had gathered, looking for one Deepu @ Deepak, and tried to enter the house of the complainant. When the complainant tried to pacify the group, they threw bricks and stones at the house and also fired from the gun. The complainant identified the applicant as he lived nearby the FataFat Seva in Jharoda. They also pushed and vandalised the vehicles parked by the road and fired 2 gunshots injuring 2 persons.

(3.) Learned counsel for the applicant submits that the investigation is complete and chargesheet has already been filed. The charges have already been framed on 20/1/2023, but no witnesses have been examined so far. He states that no recovery has been made from the applicant and also that the applicant has been in custody since 3/9/2022. He submits that since the investigation is already complete, there is no further need for the custodial investigation of the applicant. He then submits that the FSL report does not link the cartridge found at the site with the pistol recovered from the co-accused (CCL) and the evidence of the complainant has also already been concluded.