The court denied bail based on the severity of the alleged offense and the presence of sufficient evidence to confirm the accused's involvement.

JUDGMENT

Subramonium Prasad, J. This petition under Section 439 Cr.P.C read with Section 482 Cr.P.C. has been filed for grant of regular bail in FIR No. 215/2019, dated 05.08.2019 registered at Police Station Gandhi Nagar, Delhi, for offences punishable under sections 324, 307, 452 and 324 IPC.

2. Brief facts of the present case are as under:

a. On 05.08.2019, A PCR call was received at Police Station Gandhi Nagar, which was recorded vide DD No.02-A at 03:50 AM. It reads as under:

"H.No. 9/4481, Gali No.06, Ajeet Nagar caller bol raha hai ki mere bhai ko chaku mar diya"

b. The IO contacted the complainant who identified himself as one Sadiq Hussain. The IO went to the given address. The complainant told the IO that he is taking his brother Jakir and nephew Tahir to GTB Hospital.

c. On investigation it was revealed that Jakir and Tahir were stabbed. A knife was recovered and was taken into custody.

d. MLC of Tahir Hussain bearing No. A/8526/26/19 and of Jakir Hussain bearing MLC No. A8628/26/1 were collected by the IO. The MLC of Tahir revealed that he had received total 8 injuries on stomach, chest, forehead and thigh and the MLC of Jakir revealed that he received two injuries on shoulder and chest.

e. The IO recorded the statement of Jakir under Section 161 Cr.P.C. In his statement, Jakir stated that he and his son Tahir Hussain reside at H.No. 9/4481, Gali No.06, Ajeet Nagar, Gandhi Nagar, Delhi for the last seven years and they run a factory on the first floor of the said premises. He stated that at about 03:30 AM, he woke up due to a noise and he saw an unknown person in the room. It is stated that on seeing the unknown person he and his son tried to grab the unknown person but the person took out a knife and stabbed both of them and escaped. It is stated that the brother of Jakir i.e. Sadiq called the Police and took both the injured/victims to the GTB Hospital.

f. A case under Section 307 IPC was registered vide FIR No.215/2019. Material on record reveals that on 23.11.2019 in FIR No.361/19, registered at Police Station Gandhi Nagar, Delhi for offences under Sections 392/397 IPC, the accused/petitioner herein i.e. Mohd. Jahid was arrested. During interrogation he revealed that he committed the offence in the present case also.

g. After the disclosure, the petitioner was arrested on 24.11.2019 in the present case and an application for Test Identification Parade (TIP) was filed, however, the petitioner refused to participate in TIP proceeding stating that his identity has already been revealed to the complainant.

h. The final opinion on the MLCs was obtained and the injuries suffered by Tahir were shown as Grevious.

i. Charge-sheet has been filed against the petitioner on 27.01.2020 for offences under Sections 307 , 324, 452 and 324 IPC.

j. The petitioner thereafter filed an application for grant of bail which was dismissed by the Additional Sessions Judge, (SFTC) East, Karkardooma Courts by an order dated 30.06.2020.

k. Another application for bail was also filed by the petitioner which has also been dismissed by the learned Additional Sessions Judge vide order dated 15.01.2021.

l. The petitioner approached this Court for grant of regular bail by filing the present petition.

3. Status Report has been filed. The status report states that the petitioner had previously been involved in many cases of theft, snatching and robbery and there are total 19 cases registered against him.

4. Mr. Firoz Iqbal Khan, learned counsel for the petitioner would state that when the petitioner was arrested in FIR No.361/19, at that point of time the report showed that the petitioner was involved only in two cases which were FIR No. 601/15 Police Station, Daryaganj where th