ABID Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 seeking grant of regular bail in the case arising out of FIR No.589/2013 registered at Police Station Nand Nagri, Delhi under Section 307 IPC and Section 25 of Arms Act.

(2.) The allegations, as per the FIR, are that on 20th October, 2013 at 10:50 p.m., an intimation was given by Duty Constable Mahesh from Guru Teg Bahadur Hospital to the effect that a patient namely Mr.Manoj Kumar with gun shot injury on his back, was admitted by his brother Mr.Sunil Kumar. The MLC of the injured was collected on which it was mentioned that the patient was brought with the alleged history of gun shot and the patient was fit for statement. As the complainant Mr.Manoj suffered excessive pain, therefore his statement could not be recorded. Since no eye witness was found, keeping in view the injuries sustained by the injured, FIR was registered under Section 307 IPC and Section 25 of the Arms Act. During the course of investigation, T-shirt of injured and fired bullet taken out from his body, were seized.

(3.) Statement of the injured Manoj was recorded in which he stated that on 20th October, 2013, his friend Abid (petitioner herein) came to his house in a drunken state and asked him to visit Gagan Cinema. Both Manoj and Abid went to Gagan Cinema where one of their friends Pradeep also met them. When they were returning home, petitioner-Abid took out a country made pistol and pointed towards ground. The complainant Manoj asked the petitioner as to when he brought the pistol, then he fired a shot at the waist of the complainant due to which he fell down.