Delhi court grants bail to man accused in 2021 murder case linked to gang rivalry

New Delhi, Feb 17 (PTI) A Delhi court has granted bail to a 29-year-old man accused in a 2021 murder case linked to gang rivalry, saying that prolonged incarceration would violate his right to a speedy trial.

Additional Sessions Judge Muneesh Garg was hearing the bail application filed by Nitin alias Ashu, accused of murdering a man in 2021.

In the order dated February 13, the court said, “It is evident that the trial in the present case will take a long time to conclude and keeping the accused in judicial custody as an undertrial in the meantime would be violative of his right to speedy trial guaranteed under Article 21 of the Constitution.” Nitin was arrested in connection with the shooting of Jafar alias Azad on May 21, 2021. Jafar succumbed to his injuries later.

The case was initially registered under IPC Section 307 (attempt to murder), but was later converted to IPC 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 contended 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 depict a clear picture of the applicant/accused. Moreover, it is a matter of trial, and the final finding can be given after examination of the witnesses," the court said.

The defence counsel pointed to alleged discrepancies in the investigation, including issues relating 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 supposed to be punitive or preventive," the court said.

It also said that there was a change in circumstances after the previous bail application was rejected because the testimony of a constable was pending.

"Since material witnesses stand examined, there is no possibility of the applicant tampering or threatening the witnesses. Looking at the number of witnesses remaining to be examined, the trial is not likely 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. PTI SKM ARI