The court granted bail due to the main eyewitness turning hostile and lack of direct evidence against the petitioner, emphasizing the need for substantial evidence in criminal cases.

JUDGMENT :

SHALINDER KAUR, J. 

CRL. M.A. 29860/2024 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

BAIL APPL No. 3564/2024, CRL. M.A. 29861/2024

3. By way of the present petition filed under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”), the petitioner seeks for grant of Regular Bail in FIR No. 0023/2023 dated 11.01.2023 (“subject FIR”) for offences under Sections 302/307 of the Indian Penal Code, 1860 (“IPC”) registered at Police Station Ashok Vihar.

4. Vide Orders dated 04.10.2024 passed by this Court, the present petition has been treated as one under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”).

5. The case of the prosecution is premised on the statement of one Ganesh Dutt son of Sh. Rama Kant Pandey (eye witness), who has narrated the incident, on 10.01.2023 at 05:01 PM, he was going to C-56/2 WPIA, after loading goods in a hand rickshaw, when he reached near C-59/60, he saw the petitioner quarrelling with a person and beating him. In the presence of the eye witness, the petitioner stabbed the said person with a knife. Thereafter, the petitioner while running away from the place of incidence, struck with his rickshaw of the Ganesh Dutt and abused him. When Ganesh Dutt opposed the said act, the petitioner gave a stab injury on his thigh and under arm with the same knife that he was carrying and fled away from the spot. At that time, Ganesh Dutt saw the relatives of the injured person, whom the petitioner had earlier stabbed, moving him to the Hospital in an auto- rickshaw. A PCR vehicle passing by, took the eye witness to the Deep Chand Bhandu Hospital, where in the emergency ward, the said injured person, whose name came to be known as Ashok, was admitted in unconscious condition and was declared to be brought dead vide MLC No. 150/23 by the concerned Doctor. Upon receiving the first aid treatment, the eye witness was referred to the Safdarjung Hospital for further treatment. Thereafter, his statement was recorded by the Police and the subject FIR was registered on 11.01.2023 leading to initiation of investigation into the matter. On conclusion of the investigation, the charge-sheet was laid before the learned Trial Court. The charges were framed and the trial is underway.

6. Mr. Saud Ahmed, the learned counsel for the petitioner submits that accused is in custody since 11.01.2023, the prosecution has examined its material witness i.e. Ganesh Dutt as PW-1, who is the complainant as well as an eye witness of the case. However, he has not supported the prosecution case in any manner. Despite the fact that the learned Prosecutor conducted a detailed cross-examination of the witness upon getting him declared hostile, but the witness stood by his testimony made before the learned Trial Court.

7. He submits that PW-1 categorically did not support the case of the prosecution with respect to the identity of the petitioner, being the assailant and causing the murder of deceased Ashok Kumar in his presence or to have caused knife injury to him. Apart from PW-1, the learned counsel submits the other 20 witnesses cited by the prosecution are only formal witnesses. Even as much so, the public witnesses i.e. PW-5 and PW-6 had arrived at the place of incident after the occurrence of the incident, thus, their evidence is merely formal in nature. He further submits that apart from this, there is no other incriminating or direct evidence against the petitioner, as such, no CCTV footage has been placed on record by the prosecution.

8. He submits that in such circumstances when the main pillar i.e. the statement of the eye witness being PW-1, on which the prosecution case rests has completely stumbled, no purpose would be served to keep the petitioner in the custody any further. Rather, due to long incarceration period, his future shall be ruined as the petitioner is 10^th class passed and he intends to pursue 12^th class from Na