Seriousness of charges and involvement at the crime scene outweighed hallmarks for granting bail.

1. Regular Bail Application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’) [corresponding to Section 439 of the Code of Criminal Procedure (CrPC), 1973] on behalf of the Applicant/Vishal @ Paiwala in FIR No.591/2024 dated 05.09.2024 under Sections 103(1)/109(1)/333/3(5)/ 238/324/190 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’)& Sections 25 /27 of the Arms Act , registered at PS Narela.

2. The Regular Bail Application of the Applicant was dismissed by the Ld. ASJ vide Order dated 05.09.2025.

3. The brief facts of the case are that on 04.09.2024, an information was received at PS Narela vide DD Nos. 139A and 141A, regarding a firing incident that took place at Veer Properties on Gonda Road, Narela, Delhi. Upon reaching the location, the Investigation Team found that one person had died (later identified as Manish) and two others, i.e. Praveen and Kulbir Singh, had sustained bullet injuries,who had already been shifted to the hospital.

4. During the investigations, it emerged that prior to the main incident, the Applicant was allegedly present at a vacant plot near Veer Properties where the accused persons were sitting. According to the statement of one Abhishek recorded under Section 161 Cr.P.C , the Applicant had allegedly slapped him from behind. However, CCTV footage shows that after this alleged slap, Abhishek sat peacefully with the accused persons, after which he went to the deceased’s office, following which the quarrel escalated into the shooting incident.

5. It is submitted that the Senior Officers from the local police along with the District Mobile Crime Team of Outer North District and a Team from the FSL Rohini, inspected the scene of crime and conducted photography and forensic examination.

6. When the IO reached Max Super Specialty Hospital, Shalimar Bagh, he found the injured, Kulbir Singh, unfit to give a statement. The statement of his brother, Satbir Singh/Complainant, who had shifted him to the hospital, was recorded. He disclosed that on 04.09.2024, around 7 PM, while he was in Biswamil, Sonipat, he received a call from Manish (the deceased), a resident of his village, asking him to come to his office on Gonda Road, Narela. Shortly thereafter, Manish called him again to come quickly. A third call was made by Manish, who informed that co-accused Deepak had assaulted Kulbir and injured him on the head.

7. The Complainant further stated that upon reaching Manish’s office at around 7:45 PM, he saw co-accused Deepak exiting the office while holding a pistol. Deepak attempted to flee on a motorcycle, but when the Complainant tried to stop him, he abandoned the motorcycle and escaped on foot. The office window glass had been shattered. Upon entering the office, the Complainant found Manish lying unresponsive with his face down, on the sofa, while his associate Praveen was lying on the floor in pain. The Complainant was initially unable to locate his brother, Kulbir and began calling out for him. In response, Kulbir, who was lying between the bed and the office wall, cried out that co-accused Deepak had shot him and pleaded for help.While being taken to Raja Harish Chandra Hospital, Kulbir told the Complainant that a dispute had occurred between Manish and co-accused Deepak over Rs. 20,000/-. Following this, Deepak, along with his associateco-accused Ashish and some others, had attacked them.

8. Based on the Complainant’s statement, FIR No. 591/2024 dated 05.09.2024 was registered at PS Narela under Sections 103(1)/109(1)/333/3(5) BNS and Sections 25