The main legal point established is that the nature of offenses and the pendency of other criminal cases against an accused cannot be the sole basis for rejection of bail. The court emphasized the need to consider a holistic view of the facts and circumstances and granted bail based on the completion of investigation and the applicant's conduct.

ORDER

1. This is an application under Section 439 Cr.P.C. seeking regular bail in FIR No. 697/2022 dated 12.08.2022 under Sections 147/148/149/307/427/506/323/34 IPC and Sections 25/27 of the Arms Act registered at PS Wazirabad.

2. As per the FIR, a group of around 10-15 men including the applicant gathered outside the house of the complainant in an inebriated condition at about 10:30 pm on 11.08.2022, holding empty beer bottles, bricks and one of them even had a gun. It is stated that they had gathered, looking for one Deepu @ Deepak, and tried to enter the house of the complainant. When the complainant tried to pacify the group, they threw bricks and stones at the house and also fired from the gun. The complainant identified the applicant as he lived nearby the FataFat Seva in Jharoda. They also pushed and vandalised the vehicles parked by the road and fired 2 gunshots injuring 2 persons.

3. Learned counsel for the applicant submits that the investigation is complete and chargesheet has already been filed. The charges have already been framed on 20.01.2023, but no witnesses have been examined so far. He states that no recovery has been made from the applicant and also that the applicant has been in custody since 03.09.2022. He submits that since the investigation is already complete, there is no further need for the custodial investigation of the applicant. He then submits that the FSL report does not link the cartridge found at the site with the pistol recovered from the co accused (CCL) and the evidence of the complainant has also already been concluded.

4. He further submits that the applicant shall abide by all the conditions imposed upon him and will in no way tamper with the evidence or approach the witnesses. Relying upon Prabhakar Tiwari vs. State of Uttar Pradesh, (2020) 11 SCC 648 he submits that pendency of other FIRs in which the accused is involved cannot itself be a ground for denial of bail.

5. Notice was issued and the Status Report and Nominal Roll was called for. As per Nominal Roll, the applicant has been in judicial custody for over 9 months as on date and also that there are 9 other FIRs pending against the applicant, out of which he has been granted bail in 8 FIRs. It is also stated that there are no previous convictions of the applicant and the overall jail conduct of the applicant has been satisfactory.

6. Learned APP for the State has handed over a copy of the Status Report during the course of hearing, which has already been supplied to the learned counsel for applicant. The same is taken on record.

7. Learned APP for the State opposes the grant of bail on the ground that the applicant is the main accused in the present FIR and that during the course of investigation one blank cartridge in front of house of one Ajay alongwith the pieces of glasses of beer bottles were seized and the pistol from which the shot was fired was recovered from co-accused (CCL). He also submits that the CCTV footages of the cameras installed in the nearby vicinity shows that 10 to 15 boys were involved and the applicant was arrested on 03.09.2022 after identification.

8. Learned APP for the State submits that the offences alleged are heinous in nature involving various sections. It is also submitted that the applicant is a habitual offender who has been involved in several other FIRs involving serious offences under the Arms Act, NDPS Act etc. It is submitted that since the witnesses are yet to be examined, there is likelihood of the applicant threatening the witnesses and derailing the investigation.

9. As recognised, settled and followed by the various judicial pronouncements, the Court while granting bail to an accused, is to contemplate and consider-[i] the nature and gravity of the offenses/charges coupled with the severity of punishment in case of conviction; [ii] if there are any chances of the accused absconding once out on bail; [iii] if there is a reasonable apprehension of the accused influencing the wi