New Delhi, April 22 (SocialNews.XYZ) The Delhi High Court has granted regular bail to an accused in the 2024 gym trainer Nadir Shah murder case, observing that there were no clear allegations indicating his complicity in the crime and questioning the prosecution’s version of events.
A single-judge Bench of Justice Girish Kathpalia allowed the bail plea of Anwar Khan alias Chacha in connection with an FIR registered at Greater Kailash police station for offences under Sections 103(1), 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 25 and 27 of the Arms Act.
As per the prosecution, the case revolves around the alleged murder of 35-year-old gym owner Nadir Shah, an Afghan-origin man who lived in CR Park and co-ran a gym in Delhi’s Greater Kailash-I. It was stated that a person named Salman was contacted by Hashim and later by Hashim’s wife, Zoya, who directed him to transport two persons — Madhur and Raju — to the residence of Khan. Subsequently, Salman was allegedly instructed by the accused to travel to Aligarh Bus Stand, from where further directions were given to proceed to Ujjain with one of the individuals.
After returning to Delhi, Salman allegedly overheard a conversation wherein it was stated that Madhur and Raju had killed the deceased.
In its order, the Delhi High Court expressed surprise that Salman, despite allegedly transporting the shooters and being in constant touch with other co-accused, was cited as a witness and not an accused in the case.
"To say the least, it is quite surprising to note that Salman, who allegedly commuted the alleged shooters and who was in touch with Zoya, has not been named as an accused but as a witness," Justice Kathpalia observed.
On the other hand, the order pointed out that there was "no specific allegation" suggesting that the accused was aware of the criminal intent of the individuals brought to his residence.
"From the above narrative... prima facie, there is no allegation against the accused/applicant,” the Delhi High Court said.
During the hearing, the prosecution submitted that Salman had allegedly received a threat call from the accused after recording his statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, leading to registration of a separate FIR.
Questioning this aspect, Justice Kathpalia remarked: "That being so, one wonders as to why the present accused/applicant would make a threat call to Salman."
Taking into account the lack of clear allegations and evidence, the Delhi High Court held that there was no justification to continue depriving the accused of his liberty.
"Considering the above circumstances, especially the role of the accused/applicant with no clear allegation (what to say of evidence) of his complicity in the killing, I find no reason to further deprive liberty to the accused/applicant," Justice Kathpalia said.
The Delhi High Court clarified that its observations would not influence the trial and directed that the accused be released on bail upon furnishing a personal bond of Rs 25,000 along with one surety of the like amount to the satisfaction of the trial court.
Source: IANS
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