Bansi Thakur alias Bansi Bais vs State NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MUKTA GUPTA
Bansi Thakur alias Bansi Bais – Appellant
Versus
State NCT of Delhi – Respondent

JUDGMENT

1. By this petition the petitioner seeks regular bail in case FIR No. 499/2020 under Section 25 Arms Act registered at PS Kalyan Puri.

2. Learned counsel for the petitioner contends that the petitioner was arrested in the above-noted FIR on 30th November, 2020 since when he is in custody and charge-sheet has since been filed. All the witnesses to the alleged recovery are Police witnesses. Hence there is no apprehension of the petitioner tampering with the evidence. In any case the offence alleged is at best punishable up to three years imprisonment and the trial is likely to take some time to conclude, thus the petitioner be released on bail. The Trial Court is yet to take cognizance of the charge-sheet dated 25th January, 2021 for the reason the FSL report and the sanction has not been received as yet. Neither the arrest of the petitioner nor the alleged recovery was made in the presence of independent witnesses. The petitioner is not named in the FIR and has been implicated only on the basis of disclosure statement of co-accused Santosh which is inadmissible in evidence and certainly a weaker type of evidence. The arms and ammunition allegedly recovered from the peti

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