FURKAN @ FURKI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By this petition filed under Section 439 read with Section 482 of Cr. P.C., the petitioner is seeking bail in a case registered vide FIR No.154/12 under Section 307/34/120-B of IPC and Section 25/27 of Arms Act, at Police Station Gokal Puri, Delhi.

(2.) The present case was registered on the statement of one Asif, who stated that there was a dispute between his elder brother and the petitioner and that his elder brother Nazim was booked by the police station Khajuri Khas in a case under Section 307 IPC on 06.04.2012 at the instance of the petitioner. It is further stated by the complainant that his younger brother Kasim @ Khassi was also apprehended in a case FIR No. 86/11 Police Station Gokalpuri and is in custody since September 2011. It is further stated that the complainant went to Karkardooma court for meeting his brothers, and when he reached behind the court, the petitioner herein threatened him to leave himself from the parokari of his brothers and further extended threats that if he does not leave the parokari, then he shall face the dire consequences. It is further stated that on 30.04.2012 at about 11.30 PM in the night when he tried to walk in the street, the petitioner alongwith his associates Guddu, Kasim and Jibbo, the petitioner asked him as to why he did not leave the parokari of his brothers to which he ignored and reached to his room. It is further stated that at about 12.30 AM in the same night, Guddu called him using abusive language and kicked the door and thereafter he opened the window by using force and following which, the petitioner demanded the katta from Jibbo and fired at the complainant. Although the gun shot missed the complainant but it hit the sister of the complainant on her hands.

(3.) Mr. S.A. Rajput, learned counsel for the petitioner contended that the petitioner is in custody since 11.12.2015 and the charge sheet in this case has already been filed. It is further contended that only 3 out of 20 witnesses have been examined. It is further contended on behalf of the petitioner that the other co-accused namely Sagir @ Jibbu has already been released on bail vide order dated 14.12.2013 passed by the learned Additional Sessions Judge. Likewise, the other co-accused Kasim has also been admitted to bail vide order dated 03.10.2012 and Guddu @ Shane Alam has also been granted bail vide order dated 17.07.2012. The petitioner claimed parity for grant of bail.