MOHSIN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No. 79/2019 of PS Krishna Nagar for offence under Sec. 302/120B/34 IPC and Sec. 25/27 Arms Act.

(2.) Broadly speaking, according to prosecution case, the FIR registered on account of gunshots was a blind FIR as no eyewitness was present at the spot and the injured succumbed to his injuries on being taken to the hospital. Subsequently, during investigation, the IO examined two persons purported to be eyewitnesses, who named the accused/applicant as one of the assailants. According to those two eyewitnesses, the accused/applicant fired at the deceased with a country-made pistol. Further, according to prosecution, the entire incident was captured on CCTV and the eyewitnesses identified the accused/applicant present in the CCTV footage.

(3.) Against the above backdrop, learned senior counsel for accused/applicant contends that the prosecution evidence is not at all reliable in the present case. It is also contended that two of the accused persons, against whom prosecution alleged conspiracy have already been granted bail by this court. One of the four alleged assailants was a Child in Conflict with Law, according to learned senior counsel, while the remaining three are in custody. It is submitted by learned senior counsel that both alleged eyewitnesses have already been examined in trial but even at this stage, 32 more witnesses remain to be examined and the accused/applicant is in custody since 26/4/2019. Culmination of trial not being expected in the immediate future, learned senior counsel submits that this is a fit case to release the accused/applicant on bail.