AMAN @ AZAD vs STATE OF NCT OF DELHI

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 01.04.2025 + BAIL APPLN. 3993/2024 AMAN @ AZAD .....Petitioner Through: Mr. Akshay, Advocate (through VC) versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for the State with SI Narender Singh, PS Kanjhawala CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J. 1. The present petition has been filed under Section 483 read with Section 528 of BNSS, 2023 seeking regular bail in connection with FIR No.291/2017 under Sections 302/307/34 IPC registered at P.S. Kanjhawala, Delhi. 2. The case of the prosecution is that on 18.07.2017 when the complainant Pawan Kumar was going on a motorcycle along with his brother – Pradeep Kumar (the deceased), the petitioner and his three associates came from behind in a car, blew horn and asked the complainant to give them way. When the complainant moved aside, the accused persons blocked their way and an altercation took place in which deceased was shot. The complainant was also hit on his thigh. 3. The learned counsel appearing on behalf of the petitioner submits that Signature Not Verified Digitally Signed By:NARENDRA SINGH BAIL APPN. 3993/2024 Page 1 of 5 ASWAL Signing Date:01.04.2025 14:53:48 the case of prosecution is based only on the testimony of sole eye-witness, namely, Pawan Kumar (complainant) who has been examined as PW-12. Inviting attention of the court to the statement of Pawan Kumar (PW-12), he submits that the eye-witness failed to identify the present petitioner in the court. The said witness was also cross-examined by the learned APP, who gave suggestion to PW-12 that he is intentionally not identifying the petitioner present in court as he has been won over by him, which suggestion was also denied by the said witness. 4. H