New Delhi [India], February 12 : Delhi's Saket District court has recently rejected the bail plea of an Afghan national who is accused in a robbery case and causing injury to the victim.
A case was registered at Malviya Nagar police station in connection with the case.
Additional Sessions Judge (ASJ) Neha rejected the bail application of Omid Nazari after considering the submissions and MLC of the victim.
"The law regarding bail has been settled through various judgments of the Supreme Court and Hon'ble High Court which are relied upon by the counsel for applicant in the present bail application. In case of non-bailable offences, it is the discretion of the Court depending upon the facts and circumstances of the case," the court said.
"In this case, the allegations against the accused are serious and therefore, the Court is not inclined to grant bail to accused Omid Nazari. The bail application is, therefore, dismissed," ASJ Neha ordered on February 4.
While rejecting the bail application the court also considered the MLC of the complainant on which the doctor has opined injury as grievous.
The complainant also informed that he had sustained fracture in his finger due to assault upon him at the time of the incident, the court noted.
The MLC of the complainant shows bruise on forehead, laceration on upper inner lip and abrasion on left elbow. The complainant sustained multiple injuries during the incident.
The applicant/accused alongwith co-accused robbed the victim after causing him grievous injuries, the order reads.
Delhi police have already filed a charge sheet. As per the chargesheet, on October 20, 2024, at about 3 am when the complainant was going on his scooty to purchase medicine from a nearby medicine store and two Afghani boys who were already standing there, came in front of his scooty and stopped him.
On his objection, both the boys started abusing him. 2-3 people passed through at that time on which accused persons started walking from there and stopped at a distance. When the passersby went away, the accused person again came back and hit him.
They also attempted to remove the gold ring from his finger, and when the victim resisted, the accused beat him up severely and also took away his purse which had Rs 8000 cash along with his driving license and Aadhar card
The court counsel for the accused had argued that the complainant had concocted a false story as he had not shown the reason for his presence at such an early hour of 3 am Chemist is nearby to the house of the complainant.
The applicant/accused and co-accused used to earn their livelihood from the shop but said the shop had been closed for two months. The accused has been in judicial custody for more than 75 days.