Delhi High Court Deprecates Investigating Officer Appearing Without Case Diaries, Grants Bail In Murder Case

The Delhi High Court has granted bail to a man accused in a murder case while strongly deprecating the conduct of an investigating officer who appeared in Court without proper case file and diaries.

“To begin with, it is strongly deprecated that in order to oppose the liberty of an individual, the Investigating Officer has appeared without the original police file or Case Diaries. It is the Case Diary which is authentication of the investigation,” Justice Girish Kathpalia said.

The Court was dealing with a plea filed by an accused seeking bail in the FIR registered in 2022 for the offences punishable under Section 302, 212 and 120B of the Indian Penal Code, 1860, and Section 25 of the Arms Act.

It was the accused's case that his brother was shot dead by two men and that he was not named in the FIR and had been falsely implicated.

The prosecution alleged that the arms and ammunition used in the offence were supplied to the killers by the accused, and thus, he was not entitled to bail.

After the Court deprecated IO's conduct, the officer stated that the arms and ammunition were recovered from a house where the accused resided and that the alleged recovery was consequent upon the disclosure statement of the alleged killers.

The Court noted that before carrying out the alleged search of the house, no notice was given to the owner or even occupant of the house.

It further said that there was no evidence to show that the accused was residing in the said house as an owner or as a tenant.

“Considering the above circumstances coupled with the incarceration of the accused/applicant since the year 2022 and the stage of the proceedings before the trial court, I do not find it a fit case to further deprive the accused/applicant liberty,” the Court said while allowing the bail plea.

Title: SAMIR @ AZHAR v. STATE GOVT. OF NCT OF DELHI

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