Delhi High Court
Mohd Imam @ Imamuddin vs State Nct Of Delhi on 20 July, 2022
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order pronounced on 20.07.2022
+ BAIL APPLN. 403/2022
MOHD IMAM @ IMAMUDDIN ..... Petitioner
Through: Mr. Joginder Tuli adv, Ms. Joshini
Tuli & Mr. Shrikant Sharma, Advs.
versus
STATE NCT OF DELHI ..... Respondent
Through: Ms. Meenakshi Chauhan, APP for
State.
Insp. Vikas Rana, Crime Branch,
sSunlight Colony.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
Talwant Singh, J.:
1. This is a second bail application of the accused/applicant.
1.1 Earlier bail application was dismissed as withdrawn on 11.10.2021.
Thereafter, the regular bail application of the petitioner was dismissed by the
learned ASJ on 31.01.2022.
2. The petitioner is stated to be a 35 year old person, married and having
three minor school going daughters. He was arrested in the present case on
19.03.2021 and is in continuous judicial custody since then.
3. Charge sheet stands filed on 17.05.2021 under Section
307/186/353/34 IPC and under Section 25/27 of the Arms Act. The case was
at the stage of Misc./Appearance when the bail application was filed. It has
been submitted that there are no public witnesses in the present case. It was
the petitioner, who was injured in the present case and none of the police
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officials were inujured.
3.1 The petitioner was shot at by the police officials who are witnesses in
the present case and he received four bullet injuries. Giving background of
the matter, it has been submitted that the petitioner had filed a writ petition
in 2016 for conducting vigilance enquiry against police officials of Nand
Nagri and the Hon'ble High Court was pleased to direct on 24.01.2017 for
transfer of the said police officials from PS Nand Nagri and enquiry was
conducted against erring police offilicals.
3.2 On 24.02.2021, a complaint was filed by wife of the petitioner to the
Police Commissioner stating that the petitioner was beaten up by the police
officials from PS Nand Nagri and he had sustained head injuries and he was
falsely implicated in case FIR No. 151/2021, registered at PS Nand Nagri.
3.3 Another complaint was made on 26.03.2021. The petitioner also made
a complaint on 03.04.2021 and a writ petition no. 771/2021 was filed
praying for vigilance enquiry against police officials of Special Cell, who
had staged false encounter against the petitioner. The said petition was
dismissed on 30.07.2021.
3.4 The petitioner is stated to be in custody only in the present case and
he is on regular bail in two cases in which he was falsely implicated. The
bail has been prayed on the ground that he is in continuous judicial custody
since 19.03.2021. He had lodged a complaint and sought enquiries against
the police officials, that is the reason why he has been falsely implicated in
the present case.
3.5 The petitioner was kidnapped by police officials of Special Cell on
19.03.2021, and thereafter, the present case was registered. Prior to this, the
petitioner was mercilessly beaten up by the police officials on 23.03.2021
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and he sent a complaint to the higher officials. On this ground, the petitioner
has prayed bail.
4. Notice was issued.
5. Status report has been filed, giving details of the FIR registered
against the present petitioner.
5.1 It is alleged that on receipt of secret information, a trap was laid and
on seeing the police officials, the petitioner tried to run away from the spot
on a scooter but he was intercepted and the petitioner started abusing the
police officials, started running from the spot and also started firing at the
police officials, who returned the fire in self defence, in which the accused
sustained gunshot injuries on his legs.
5.2 The petitioner was admitted to Trauma Centre, AIIMS for treatment,
and thereafter, he was arrested. Investigation was transferred from Special
Cell to Crime Branch, Delhi. No CCTV camera was found near the spot.
5.3 The applicant/accused is a notorious criminal of his area and his name
is placed in the History Sheet of PS Nand Nagri. He was found involved in
26 cases previously. The accused had attacked and obstructed the police
officials from performing their official duty.
5.4 Charge sheet stands filed and the case was committed to sessions.
5.5 The bail application has been dismissed twice by the learned ASJ and
his earlier bail application was dismissed as withdrawn from this Court.
There is no change in circumstance.
6. A Further Status Report was filed regarding the status of the previous
involvements of the petitioner. It shows that from the year 2002 till the year
2021, the petitioner was involved in 26 cases, however, in most of the cases,
he was acquitted or cancellation reports were filed or the cases were
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compounded or he was discharged. Apart from the present case, the other
pending cases are FIR No. 991/2015 under Section 380/457/411/34 IPC,
registered at PS Jyoti Nagar which is a pending trial, FIR No. 913/2015
under Section 147/148/149/186/353/332/341/379/427/109/114 IPC and
Section 3/4 of DPDP Act, PS Nand Nagri which is also pending
investigation.
6.1 Two other FIRs bearing FIR No.033589/20 under Section 379 IPC
registered at PS Hauz Qazi and FIR No.151/2021 under Section
186/353/332/34 IPC are also pending trial.
7. I have heard the arguments and gone through the file.
8. Filing of complaints by the present accussed/applicant against the
police officials, filing of a writ petition seeking enquiries against the police
officials and the registration of FIRs against the present petitioner are all
matters of record.
9. The charge sheet in the present case has been filed under Section
307/186/353/34 IPC and 25/27 Arms Act.
10. The accused/applicant is in custody since 19.03.2021 and more than
16 months have passed. He is a father of three minor girls, aged 15, 14 and 6
years.
11. Although, as per the Status Report, he is shown to be involved in 26
matters but the case of the petitioner is that apart from the present case, there
are only two cases, which are pending against him, however, as per the said
chart, apart from the present case, three cases have been shown as pending
trial and two cases have been shown as pending investigation.
12. One fails to understand how cases of 2015 and 2018 are still pending
investigation after passage of such a long time.
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13. However, keeping in view the facts and circumstances of the case and
especially the fact that charge sheet stands filed; the accused is no longer
required for any further investigation; he has already been in judicial
custody for about 16 months; he has three minor children to look after; the
fact that in the incident in question, it was the accused who got injured and
without commenting upon the merits of the case, I am inclined to admit the
present accused on bail on execution of personal bond of Rs. 25,000/- with
two sureties of the like amount, subject to the satisfaction of the concerned
Court, subject to the following conditions:
(i) He shall share his Mobile Number with the IO within three days of his
release and he shall keep his mobile location on at all times.
(ii) He shall not leave the jurisdiction of this Court without written
permission from the learned Trial Court.
(iii) He shall appear before the learned Trial Court on each and every
date.
(iv) He shall mark his presence before SHO, PS Nand Nagri between 10
and 11 a.m. on the 1st day and 16th day of every month.
(v) He shall not try to contact or intimidate the witnesses in the present
case.
14. The bail application is hereby allowed and disposed of.
TALWANT SINGH, J
JULY 20, 2022/pa
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