New Delhi [India], November 18 (ANI): Saket District Court has recently framed charges against an accused of firing on a police party on Mehrauli-Gurugram road near Ahimsa Sthal in February 2024. Another accused Naresh Yadav alias Sethi, an alleged associate of Kala Jatheri, has been discharged by the court.
Additional Sessions Judge (ASJ) Sunil Gupta has framed charges against Sandeep Kashyap alias Khaju. He has claimed trial.
The court said that the charge has been framed against accused Sandeep Kashyap alias Khaju for the offences Under Section 186, 353, 307, 506 (Part-II) IPC and Section 27 Arms Act, to which he has pleaded not guilty and claimed trial.
“This Court is of the view that no case for discharge of accused Sandeep Kashyap alias Khaju is made out as there are clear allegations against him for the commission of offences in question. Whether those allegations are true or not can be determined only after opportunity is granted to both the parties to lead evidence as per law,” ASJ Gupta said in the order of November 7.
The court has discharged Naresh Yadav alias Sethi noting that there is no material to connect him with the offence as alleged.
“This Court is unable to see any material on record to connect accused Naresh Yadav alias Sethi with the commission of offences in question. Admittedly, he was not present at the spot at the relevant time,” the court said.
While discharging him, it observed, “Only allegation against him is that the firearms allegedly recovered from accused Sandeep Kashyap alias Khaju were provided by him to CCL ‘K’ which subsequently came in possession of accused Sandeep Kashyap alias Khaju.”
The court pointed out, “To prove this thing, the prosecution is solely relying upon disclosure statements of both the accused herein as well as that of CCL ‘K’ which are of no value in the eyes of law in the absence of discovery of any material fact in pursuance thereto.”
“Accordingly, accused Naresh Yadav alias Sethi is hereby discharged for the alleged offences because there is no sufficient ground for proceeding further against him. He is directed to furnish bond under section 437A Cr.P.C. by next date,” the court ordered.
The material on record is not sufficient to make out a prima facie case for commission of offences Under sections 25/25.8 Arms Act as FSL result qua the firearms and Sanction Under section 39 Arms Act was still awaited, the court said.
It was submitted by Additional Public Prosecutor (APP) for State that there was sufficient material on record to make out a prima facie case for commission of offences with which accused persons have been charge-sheeted.
It was submitted by the Counsel for accused Sandeep Kashyap that he did not commit any offence as alleged and that he has been falsely implicated in this case by the police officials.
Advocate Piyush Nagpal counsel for accused Naresh Yadav submitted that material on record was not sufficient even to indicate a prima facie case for commission of offences in question.
It was further submitted that he has been arrested and charge-sheeted in this case only on the basis of disclosure statement of accused Sandeep and CCL ‘K’.
It was also submitted that no recovery has been effected from him and that he was not even present at the spot. Prayer has been made for discharge of accused persons.
An FIR was lodged at Police Station at Crime Branch for the commission of offences Under section 186, 353, 307, 506, 34 and Section 25 and 27 Arms Act on 29.02.2024 on the basis of statement of Sub Inspector Anil Kumar.
As per the FIR, an accused allegedly involved in an FIR lodged at Police Station Budh Vihar, Delhi was being searched on the basis of secret information. Accused Sandeep Kashyap was spotted near Ahinsa Sthal, MG Road, Carriage Way towards Chhattarpur, New Delhi on being pointed out by secret informer on 28.02.2024 at around 11:55 PM while he was going towards Gurugram, Haryana on his motorcycle.
He was asked to surrender however, at first, he threatened the police officials by firing in the air and thereafter, fired towards them with an intention to kill them. He was somehow apprehended by the police officials and two pistols alongwith four live cartridges were recovered from his possession, the police said.
During the course of investigation, accused Naresh Yadav alias Sethi and CCL ‘K’ were also arrested. After investigation, charge sheet was filed. (ANI)
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