Accused Granted Bail in Murder Case Due to Lack of Direct Evidence and Procedural Lapses.
15 July 2025
Bail and Antcipatory Bail >> Criminal Law | Murder Homicide >> Criminal Law
In Samir Azhar v/s State Govt. Of NCT Of Delhi, the Delhi High Court has granted regular bail to the applicant, Mohd. Sajid Benam, in connection with FIR No. 753/2022 registered at PS Welcome for offenses under Sections 302/212/120B of the Indian Penal Code (IPC) and Section 25 of the Arms Act. The court cited the absence of the applicant's name in the FIR, questions regarding the recovery of weapons, and the prolonged period of incarceration without charges being framed.
The case stems from an incident on December 1, 2022, when the deceased, Nabeel, was allegedly shot by two individuals identified as Kamran and Saifu. Nabeel's brother, who discovered him in a pool of blood, stated that Nabeel identified Kamran and Saifu as his assailants before succumbing to his injuries.
The applicant, Mohd. Sajid Benam, was not named in the initial FIR and has been in custody since December 10, 2022. While a chargesheet has been filed, charges against the applicant are yet to be framed.
During the bail hearing, the State, represented by the learned APP and assisted by the Investigating Officer (IO), opposed the bail application, arguing the seriousness of the offense and contending that the applicant had supplied the arms and ammunition to the alleged killers.
However, the High Court expressed strong disapproval of the IO appearing without the original police file or Case Diaries, noting that these are crucial for authenticating the investigation. Upon inquiry, the IO disclosed that the arms and ammunition were recovered from a house where the applicant allegedly resided. Critically, the IO admitted that no notice was given to the owner or occupant of the house before the search, and there was no evidence to prove that the applicant was either the owner or a tenant of the said house. The alleged recovery was solely based on the disclosure statements of co-accused Kamran and Saifu.
Considering these circumstances, coupled with the fact that the applicant has been in custody since late 2022 and the trial has not yet progressed to the stage of charges being framed, the court found it inappropriate to further deny the applicant his liberty.
Consequently, the bail application was allowed, and the applicant has been directed to be released on bail upon furnishing a personal bond of ?10,000/- with one surety of the like amount, to the satisfaction of the trial court.