A sessions court of the Patiala House Court here dismissed the bail plea of an accused arrested for allegedly firing at AAP MLA Naresh Yadav's convoy in southwest Delhi which led to a death of a volunteer in February this year.
Additional Sessions Judge Sanjay Khanagwal dismissed the bail plea of Dharamvir alias Kalu considering the facts and circumstances, the gravity of the offence, and the role of accused.
"In this case, the offense alleged against the accused is serious in nature; his presence along with the main assailant is reflected in the statement of the witnesses under Section 161 of CrPC. Moreover, recovery of weapon of offence is stated to have been affected in pursuance of his disclosure statement of the applicant," the court said.
"So far, as the ground of parity with the bail granted to the co-accused is concerned, the same is not available to the accused considering his role and recovery. The complaint of a threat given by the injured Harender Mann to the SHO PS Kishangarh, New Delhi cannot be ignored at this stage, although the same is the subject matter of investigation by the SHO," the court added.
Advocate Pradeep Rana, appearing for the accused Dharamvir sought bail on the ground of parity with his co-accused brother Somraj alias Dhami and on the ground that there were discrepancies in the FIR.
Whereas appearing for the complainant, advocates Vijay Aggarwal, Jagdeep Sharma and Barkha Rastogi, vehemently opposed the bail application, pointing out that the bail granted to the co-accused was under challenge before the High Court of Delhi.
Advocate Vijay Aggarwal pointed out various false misleading pleadings and concealments in the bail application of the accused. It was pointed out that the Accused had not approached the Court with clean hands, as the bail application was alleged to be "First bail application under Section 439 of Criminal Code of Procedure (CrPC)," whereas the same was his Second Bail Application.
Further, in the bail application, the applicant/accused was shown to have clean antecedents; however, Aggarwal brought it to the knowledge of the Court that there was another FIR registered in 2015 against him and his co-accused brothers, wherein the case is going on in Patiala House Court.
It was also pointed out that the accused is called the "muscleman of the area" which in fact was also mentioned by the Investigating Officer in his reply to the bail application, Advocate Aggarwal argued.
A convoy of the AAP party was in progress in Mehrauli, which was returning from a temple following a win of an AAP MLA in the assembly election. At that time, accused persons had allegedly shot the deceased Ashok Maan, a 45-year-old Aam Aadmi Party (AAP) volunteer, in which attack the deceased's relative Harender was also injured. An FIR was registered under Section 302 of the Indian Penal Code and other sections in Kishangarh in February this year.
After arresting the accused Dharmavir police said that the case is of personal enmity and had nothing to do with politics. The police had ruled out any political angle behind the attack in which a party supporter was killed.
( With inputs from ANI )
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