BALKISHAN Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This petition is filed for grant of bail to the petitioner herein. The petitioner is in custody for about three years and three months in the present matter.

(2.) The allegation against the present applicant are of criminal conspiracy to commit murder of the deceased, hence, he is being tried along with co-accused person. It is alleged deceased Babu Ram gave his statement which culminated into the registration of FIR No.216/2019 under Ss. 302/34/120B IPC dtd. 30/8/2019 wherein he alleged of being inflicted two gunshot injuries at dhalaan of G-Block, Sonia Vihar, Delhi at about 5:45 PM and he named the assailants Charat Singh, Bharat Singh and Pritam Singh. It is alleged this was the last statement of the deceased and may be considered as dying declaration and the deceased did not name the petitioner to be the perpetrator of the crime and as such has allegedly exonerated the petitioner.

(3.) Further the petitioner herein claimed parity on the ground the main assailant who was accused of firing gunshots has since been granted bail as it could not be proved the co-accused was present near or at the place of alleged incident. He was spotted at Bikanerwala, Connaught Place, Delhi at the time of incident and his CDR(s) also corroborate this fact. Thus, he being the main accused, yet was found far off the place of incident, hence was granted bail. It is thus alleged co-accused Charat Singh to whom active role was ascribed has since been granted bail, the present applicant against whom there is no cogent evidence, may also be admitted to bail.