AVDESH KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is an application under Section 439 read with Section 482 Cr.P.C. moved on behalf of the Petitioner Nishant Madan for grant of bail to him in case F.I.R. No. 02/2014, under Sections 489-B/489-C/120-B IPC and Section 25 of the Arms Act, registered at Police Station Special Cell, Lodhi Colony, New Delhi. On behalf of the Petitioner, it has been submitted that the petitioner is in custody since 16.1.2014. She has further submitted that no recovery has been effected from the present Petitioner and the nature of evidence to be adduced in the present case is of such type that it cannot be tampered with by the present Petitioner. It is further submitted that basically the case against the Petitioner is to be proved on the basis of CDRs and the conversation in this regard that has allegedly taken place with the co-accused and the witnesses to be examined in this case are official witnesses, the same cannot be influenced by the present Petitioner.

(2.) It is further submitted that one of the co-accused, namely, Lokesh Garg on identical footing has been released on bail by the learned Addl. Sessions Judge merely on the ground that he was a practising lawyer. It is further submitted that the Applicant was also working with a Travel Agency and merely because he is not a lawyer, the same should not be a ground to keep him in custody during trial.

(3.) Learned APP for the State opposed the grant of ball to the Petitioner, However, she could not dispute the factum of the co-accused being released on bail by the learned Trial Court on the ground that he was a practising lawyer at Tis Hazari Courts.