10 July 2025 Bail and Antcipatory Bail >> Criminal Law  

The Delhi High Court has granted regular bail to Sadre Alam at Chotu, who was arrested in connection with FIR No. 850/2024 under Section 109(1) of the Bharatiya Nyaya Sanhita (BNS) and Section 25/27 of the Arms Act. The petitioner, an e-rickshaw driver/mechanic, had been in judicial custody since October 21, 2024.

The case involves cross-FIRs stemming from an incident on the night of October 20/21, 2024. The prosecution's FIR (850/2024) alleges that Sadre Alam at Chotu fired a pistol at the complainant, Aniket at Tindi, injuring him in the thigh. This incident reportedly arose from a prior altercation where Aniket and his friends had assaulted Sadre Alam's friend's younger brother.

However, a cross-FIR (853/2024) was also registered based on Sadre Alam's complaint, stating that after the initial shooting incident, Aniket's friends attacked him with a surgical blade and wooden planks, causing serious injuries to his face and neck.

Sadre Alam's bail application highlighted several points:

• He was falsely implicated and is a law-abiding citizen with deep roots in Delhi.
• His previous bail application was dismissed without considering crucial facts.
• The allegations against him are retaliatory, and the FIR against him was not immediately registered.
• The investigation is complete, and a chargesheet has been filed.
• No independent witnesses corroborated the complainant's version, and the alleged weapon recovery was made at the instance of the opposing party in the cross-FIR, not from him.
• All co-accused in the cross-FIR have already been granted bail, making a case for parity.
• Although he had previous criminal cases, he was acquitted in FIR No. 173/2019, and the other cases were under the Excise Act.
• Continued incarceration despite completed investigation and co-accused being on bail violates Article 14 of the Constitution.

The State opposed bail, citing his previous involvement in four criminal cases and the possibility of him threatening witnesses or absconding. However, the court acknowledged that while there were prior FIRs, Sadre Alam had been acquitted in one, and the current case involved cross-FIRs where he himself sustained serious injuries.

Considering that the investigations are complete, the chargesheet has been filed, and all co-accused in the cross-FIR have been granted bail, the High Court concluded that Sadre Alam at Chotu deserved regular bail. He was granted bail subject to furnishing a personal bond of Rs. 35,000 and one surety of the like amount, along with conditions to appear in court, keep his mobile number active, not engage in criminal activity, and not intimidate witnesses.

Section 109, BHARATIYA NYAYA SANHITA - 2023  

BHARATIYA NYAYA SANHITA, 2023  

Section 25, Arms Act - 1959  

Section 27, Indian Ports Act - 1908  

Arms Act, 1959