The court denied bail due to the serious nature of the charges, contradictions in evidence, and the Applicant's significant role in the alleged crime.

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. First Bail Application under Section 439 of the Code of Criminal Procedure , 1973 (hereinafter referred to as ‘Cr.P.C.’)/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of the Applicant, Charan Singh @ Babli, for grant of Regular Bail in FIR No. 228/2018 under Section 307/34 of the Indian Penal Code , 1860 (hereinafter referred to as ‘ IPC ’) read with Section 27/54/59 of the Arms Act , 1959 registered at Police Station Sangam Vihar.

2. It is submitted that the Applicant, Charan Singh is languishing in judicial custody for more than 04 years and till date, only 09 witnesses out of 40 witnesses, have been examined. There are 11 accused persons including one juvenile, out of which 08 accused persons have been granted Regular Bail by the learned Trial Court. All the eye-witnesses have already been examined and there is no apprehension of influencing the witnesses. Furthermore, there is no threat perception to any of the witnesses. The Applicant had been released on Interim Bail earlier during Covid period, but nothing adverse was reported against him.

3. It is submitted that the FIR was registered on 15.06.2018, on the Complaint of Sh. Manish/PW-2 alleging that on 14.06.2018 at around 8:00 p.m., he had gone to get water from Government pipeline from outside the house of the Applicant, when he started beating the Complainant. Sh. Krishan, father of the Complainant and Sh. Chahat, his Uncle, came to intervene and all of them returned to their house. Thereafter, the Applicant along with his brother, Gagan, Kannu and father, Sh. Rampat, cousins, Billu and Jaswar, came and started throwing bricks and stones upon the Complainant and his family members. It was further alleged that Rampat hit Suman with stone on foot, Gagan hit the Complainant on his head with stone and the Applicant took out the pistol and fired upon the Complainant, which hit him on his hand. Thereafter, the Applicant called Atwa, to whom he handed over the Pistol who opened fire on Krishan, which hit him on his chest, while other accused persons were beating and pelting stones on the Complainant and his family members. Thereafter, Krishan was taken to hospital and he died.

4. FIR No. 228/2018 under Section 307/34 of the IPC read with Section 27/54/59 of the Arms Act , was registered at Police Station Sangam Vihar, on 15.06.2018 at 1.15 a.m., i.e. after the delay of almost 5 hours of reporting of the incident by making a PCR Call at 8:35 p.m. on 14.06.2018. DD No. 81 A dated 14.06.2018, was registered on the PCR call.

5. The PCR Call and DD No. 81 A noted the time as 8:35 p.m. and it mentioned that “In a quarrel, firing took place and one person has been shot”, which is in complete contrast to the testimony of PW-2/Complainant wherein after watching the CCTV footage of the spot of incidence, he deposed that on 20:40:44, his father was seen in white shirt pushing all the boys towards his house and at 20:41:36, his father was seen running with blood coming out from the right side of his chest. He further deposed that at 20:40:21, he had seen the Applicant carrying a danda in his hand and going towards the house of Babli. At 20:43:14, the Applicant