New Delhi, February 17 A Delhi court has granted bail to a 29-year-old man accused in a 2021 murder case linked to gang rivalry, stating that prolonged detention would violate his right to a speedy trial.
Additional Sessions Judge Muneesh Garg was hearing the bail application filed by Nitin, also known as Ashu, who is accused of murdering a man in 2021.
In the order dated February 13, the court said, "It is evident that the trial in this case will take a long time to conclude, and keeping the accused in judicial custody as an undertrial would be a violation of his right to a speedy trial guaranteed under Article 21 of the Constitution."
Nitin was arrested in connection with the shooting of Jafar, also known as Azad, on May 21, 2021. Jafar later succumbed to his injuries.
The case was initially registered under Section 307 (attempt to murder) of the Indian Penal Code, but was later converted to Sections 302 (murder) and 34 (common intention) along with provisions under the Arms Act.
According to the prosecution, the incident was linked to a gang rivalry between two groups over the alleged murder of the accused's brother in December 2020.
Opposing the bail plea, the additional public prosecutor argued that the allegations against the accused were serious, and that he was seen in CCTV camera footage openly firing at the deceased.
"The CCTV footage does not provide a clear picture of the applicant/accused. Moreover, it is a matter for the trial, and the final judgment can be given after examining the witnesses," the court said.
The defence counsel pointed to alleged discrepancies in the investigation, including issues related to recording the victim's statement, alleged inconsistencies in medical records, and a delay in examining the witnesses.
The court noted that the investigation had been completed and a chargesheet had already been filed in the case.
"The purpose of keeping a person in custody is to ensure his availability to face the trial and receive the sentence that may be awarded to him. Detention is not intended to be punitive or preventive," the court said.
It also said that there had been a change in circumstances after the previous bail application was rejected because the testimony of a constable was pending.
"Since material witnesses have been examined, there is no possibility of the applicant tampering with or threatening the witnesses. Given the number of witnesses remaining to be examined, the trial is unlikely to conclude soon," the court said, as it directed the release of the accused on a personal bond of Rs 50,000 with a surety of a like amount.
