Delhi: Rohini Court grants bail to accused after six years in custody in murder case

New Delhi [India], August 29 : Rohini Court has granted bail to an accused after six years of custody in a murder case, noting that only two witnesses have been examined and 37 others are yet to be examined that will inevitably involve a prolonged process of trial.
However, the accused Narender Mann, alleged to be a member of the Gogi Gang, will remain in judicial custody in other cases.
The case pertains to an FIR registered at Ashok Vihar Police Station in 2018 regarding the murder of Bablu Kheda, who was a property dealer and suspected arms supplier. Police had suspected a gang war behind the murder.
Kheda was also accused in murder and extortion cases. He was shot dead by armed assailants when he was in his car outside a society in the Ashok Vihar area. He was also involved in many property disputes and was declared a bad character in the area by the police.
After investigation, Delhi Police filed a charge sheet in the year 2019. This case is at the stage of prosecution evidence.
Accused Narender Mann is alleged to be a member of the Gogi Gang. He has several cases registered against him, including under the Maharashtra Control of Organized Crime Act (MCOCA) of 1999.
Additional Sessions Judge (ASJ) Babru Bhan granted bail to accused Narender Mann, subject to certain conditions, including that he shall not try to influence any witnesses.
"Applicant / accused Narender Mann is admitted to bail on furnishing a personal bond of Rs 25,000 with one surety of like amount, subject to the condition that the applicant shall not try to influence or approach any witness or tamper with evidence in any manner and shall attend the trial regularly," ASJ Babru Bhan ordered on August 24.
While granting bail, the court said that the prosecution had cited 39 witnesses to prove its case. Only 2 out of the 39 witnesses have been examined to date. Therefore, a good number of witnesses are yet to be examined, which will inevitably involve a prolonged process of trial.
Mann approached the court to seek bail and filed a bail application. Advocate Ravi Drall appeared for him.
Advocate Drall argued that one of the purposes of detention during the trial and before conviction is to protect witnesses and to preserve evidence. Here in this case, detention of the applicant is not going to serve any such purpose because all the material witnesses relating to the applicant have been examined and the applicant has no reason to advance threats to the remaining witnesses, who are merely formal in nature.
On the other hand, the bail plea was opposed by the Additional Public Prosecutor (APP), Monika Aggarwal, who argued that Mann is a habitual offender, against whom nine criminal cases were previously registered. If released on bail, he will again indulge in the criminal activities.