JUDGMENT

Subramonium Prasad, J.

1. This application under Section 439 Cr.P.C has been filed for grant of bail to the petitioner in FIR No. 48/2015 dated 31.01.2015, registered at Police Station Nabi Karim for offences under Sections 186/353/333/307/201/75/34 IPC.

2. The facts, in brief, leading to the filing of the instant petition are as follows:

i. It was during the investigation of Case No.63/2015, Constable Ravi Kant, Constable Balram and Constable Jitender reached at Singhara Chowk, Sadar Bazar. After reaching the spot, the Constable Ravi Kant apprehended a person-Ajay @ Nathu@ Sunny (petitioner herein) as he had the reputation of a repeated offender. On apprehension, the petitioner-Ajay @ Nathu@ Sunny tried to flee from the spot by wielding a knife. A chase to nab Ajay @ Nathu@ Sunny followed which was being led by SI Nisar Ahmed. It is stated that Ajay @ Nathu@ Sunny ran from the police and alerted his associates that the police was out to nab all of them thereby hinting them to run and hide. During the chase, the petitioner gave a knife blow to SI Nisar Ahmed. The police team which was being headed by SI Nisar Ahmed opened fire on the petitioner in self-defence. Both SI Nisar Ahmed and the present petitioner Ajay @ Nathu@ Sunny were injured and were sent to the hospital for treatment.

ii. The petitioner was arrested on 31.01.2015 and has been in judicial custody since 01.02.2015. The Chargesheet in the present case stands filed. It is stated that there are about 44 witnesses which are being examined in the trial. During investigation, the scene of crime was seized- 9 bullets head, 9 mm empty cartridges, one live cartridge 9 mm, three empty cartridge 7.65 mm and one misfired 7.65 mm were found on the spot and were sent for forensic examination. A site plan of the entire scene of crime was prepared, exhibits of found items were made, sampled and seizure memos were prepared accordingly. It is stated that the knife with which the blows were inflicted was sent for examination. The co-accused- Dharmender @ Montu was also injured and was admitted to Lady Hardinge Hospital. The blood soaked clothes of Dharmender @ Montu were taken into police possession and were sampled and sent for forensic examination. During the course of the investigation, the Section 161 Cr.P.C statements were recorded of many of the constables and police officers who were present at the spot where the firing took place. It was found during investigation that the petitioner was an infamous pick pocket of the locality and had many cases of theft pending against him. Further, investigation revealed that the other co- accused persons were similarly involved in petty thievery and were used to snatch the belongings of people while riding a bike. Further investigation revealed that the victims of theft allegedly came forward and informed the police that persons of the description of the accused were goons in the vicinity and would regularly steal from the people.

iii. The accused persons have refused to participate in Test Identification Parade (TIP). The co-accused Dharmender @ Montu had allegedly made disclosure statements to the police and similarly other accused persons also allegedly made disclosure statements.

iv. Investigation is complete. The chargesheet and supplementary chargesheet have been filed. There are a total of 44 witnesses who are to be examined during the trial and presently about 21/22 witnesses have been examined so far.

v. The petitioner approached the learned Trial Court for grant of bail and his prayer was dismissed vide order dated 31.07.2021, whereby the learned Trial Court held that the role of the petitioner was distinct from the role of the other co-accus