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Judgment
8 paragraphs · 226 wordsGirish Kathpalia, J
The accused/applicant seeks regular bail in case FIR No. 706/2017 of PS Seemapuri for offence under Section 302/392/397/34 IPC and Section 25/27 Arms Act.
None appears on behalf of accused/applicant. However, I have examined the record and heard learned prosecutor.
Broadly speaking, the allegation according to prosecution is that three persons were involved in the offence and out of them one fired in the air while the other fired at the injured. The role ascribed to the accused/applicant is that the remaining two accused persons, who used the pistol fled on the motorcycle driven by the accused/applicant.
The accused Waseem, who allegedly fired at the injured has already been granted bail by a coordinate bench vide order dated 25.10.2024 mainly on the ground that the alleged eye witness did not support prosecution case.
Learned APP in all fairness does not challenge that in view of role ascribed to the accused/applicant, he deserves parity.
Accordingly, the application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned trial court. Accompanying application stands disposed of.
Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant.