ARUN KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By this second application filed under Section 439 of Cr.P.C., the petitioner seeks regular bail in FIR No. 775/14 under Section 302 / 307 / 365 / 34 Indian Penal Code, 1860 read with 25/25(54)/27/29 Arms Act , 1959, registered at Police Station, Narela, Delhi.

(2.) The case in hand was registered on the complaint of the respondent Ramesh Chand Garg. He stated that on 17.06.2014 at about 6:10 am, he went to his shop and was getting his goods unloaded. That about 7:40 am Maruti Eeco Car No. DL-8CR-8722 of white colour stopped near his shop and two boys came out of the car and forced him to sit in the car at gun point. He further stated that when he refused to submit, one among the boys fired two gunshots but the complainant escaped. He also stated that when he was trying to escape, a third boy namely Praveen S/o Mahabir, who was sitting inside the car came out and caught him and all the three boys tried pushing him inside the car. He further stated that while he was resisting, Vijay, one of the accused, threatened to kill him, and fired shot with his gun but the bullet passed near complainant's head and hit Praveen S/o Mahabir, who was holding him. He further stated that due to this gunshot injury the boy fell down on the ground and all other fled away in the car.

(3.) Mr. Simpy Arman Sharma counsel for the Petitioner has contended that the complainant has nowhere mentioned the name of present petitioner in the FIR as well as in his statement recorded by learned trial court; that during evidence the complainant has refused to identify the petitioner and deposed that he had not seen him prior to the date of incident; that no recoveries were made from the petitioner, which proves that he has been falsely implicated in the present case; that the petitioner was not present at the spot of incident, when the incident occurred; that the petitioner has already served almost one-half term of the punishment punishable under Section 365 of the IPC and thus entitled to be released on bail.