* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 29^th August, 2024 Pronounced on: 18^th September, 2024 + BAIL APPLN. 2805/2023 CCL MOHIT ALIAS ATANKWADI ..... Applicant Through: Mr. Praveen Dabas & Mr. Jwala Singh, Advocates.

versus STATE THROUGH SHO PS PRASHANT VIHAR .....Respondent Through: Mr. Pradeep Gahlot, APP for State Insp. Ravinder, PS Prashant Vihar CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

ANISH DAYAL, J.

1. This bail application seeks regular bail in FIR No. 221/2017 PS Prashant Vihar under Sections 302/120B/34 of the Indian Penal Code,1860 (‘IPC’) and Sections 25/27/54/59 of the Arms Act, 1959.

Factual Background

2. The applicant has been in custody since 29^th April 2017; 16 witnesses out of 30 witnesses have been examined. Applicant was Signature Not Verified Digitally Signed BAIL APPLN. 2805/2023 Page 1 of 11 arrested on 29^th April 2017 but remained in a ‘place of safety’ which was located at Majnu ka Tila, Delhi, till 13^th April 2020. Applicant was granted interim bail, as per the HPC guidelines, during the COVID-19 period, from 13^th April 2020 to 18^th November 2020 (7 months, 6 days). But he was implicated in FIR No. 362/2020 under Section 302/34 IPC and Section 25/27/54/59 Arms Act PS Aausda, District Jhajjar, Haryana. He was subsequently granted bail by the ASJ District Judge by order dated 11^th July 2023 but he could not be released since he has been in custody in FIR No.221/2017.

3. The Progress Report from the place of safety states that the CCL possesses education up to 10^th standard, and has expressed disinterest in further academic pursuits. He was provided counselling to encourage him to pursue further education; however, he exhibited a strong passion for sports like wrestling, in which he was actively involved in his hometown.

4. Applicant reportedly had been actively engaged in various sports activities provided by the institution, like carroms, volleyball, and basketball, and has a keen interest in recreational pursuits and is instrumental in promoting physical fitness, social interaction and overall well-being through various activities.

5. The Report states that behaviour of the CCL has been satisfactory and no adverse behaviour is to be known. As per the State Crime Records Bureau report, apart from the case in Jhajjar, he is not involved in any other case.

Case of Prosecution

6. As per the case of the prosecution, on 29^th April 2017, at 11.30 am, ASI Krishan, who was on duty at gate number 5, Rohini Court, Signature Not Verified Digitally Signed BAIL APPLN. 2805/2023 Page 2 of 11 came to PP Rohini Courts, as per information that one prisoner was shot by an unknown person in front of that gate, and that person had been apprehended. The injured prisoner had been taken to the hospital, and the person who shot the prisoner was caught by ASI Rajinder.

7. Post investigation, it transpired that ASI Rajinder, who was part of the prison staff, District Jhajjar, Haryana along with staff HC Jitendra, Ct. Raja Ram, Ct. Ramesh and driver Ct. Mausam were taking two prisoners, namely Rajesh and Rohit from Jhajjar jail and had come to Rohini court to produce before the court in a government vehicle. They parked their vehicle in front of the lock-up of Rohini Court. The accused, Rajesh, was produced by S.I. Rajinder, Ct. Raja Ram and Ct. Ramesh in Court number 115. After that, he was to be produced in Court number 310 at 12.30 pm, so they were taking the accused, Rajesh, back to the vehicle. In the meantime, when they came out from gate number 5 and walked 10 steps, someone shot Rajesh from behind. As per the prosecution, the applicant was caught on the spot with the help of staff. The information was relayed vide DD number 80PP from BSA hospital and injured Rajesh was brought dead; the FIR was registered.

8. The weapon of offence, along with another loaded desi katta was recovered from the possession of the applicant. The ballistic report of arms and ammunition reports that the weapon of offence used by the a