Nandu Gang Aide Hazi Waseem Gets Bail in Delhi Firing Case
Karkardooma Court grants bail to Hazi Waseem, an alleged aide of the Nandu gang, citing a lack of evidence in a firing case.
In a significant legal development, the Karkardooma Court in Delhi has granted bail to Waseem, also known as Hazi Waseem, an alleged close associate of the absconding gangster Kapil Sagwan, better known as Nandu. Waseem was embroiled in a firing case in the Chawla area and was accused of facilitating the operations of the Nandu gang.
The Allegations and Arrest
Hazi Waseem, a resident of Leesadi Gate in Meerut, Uttar Pradesh, was apprehended by the Delhi Police Crime Branch on August 24 following an encounter in the Mayur Vihar area. Authorities alleged that Waseem played a critical role in providing illegal weapons to the assailants of the Nandu gang.
Investigation reports suggest that Waseem maintained regular contact with Kapil Sagwan, who is currently absconding and is believed to be hiding in the United Kingdom. Beyond this specific case, Waseem's criminal record also includes accusations related to the North East Delhi riots, specifically linked to Shahrukh Pathan.
Court's Reasoning for Granting Bail
Additional Sessions Judge (ASJ) Babita Punia granted the bail after reviewing the submissions from the defense and the reply filed by the Delhi Police. The court highlighted several gaps in the prosecution's claims:
- Lack of Injuries: The court observed that no police officer was reported to have sustained any injuries during the alleged firing incident.
- Missing Evidence: The police reply failed to mention the recovery of any empty cartridge cases from the scene of the crime.
- Legal Ambiguity: While the police claimed Waseem intended to "cause harm" and obstruct the police, the judge noted that whether the charges for attempt to murder under Section 109(1) of the Bharatiya Nyaya Sanhita (BNS) were applicable would be determined during the trial.
The Defense's Arguments
Advocate Bhanu Malhotra, representing Hazi Waseem, raised several points regarding the conduct of the investigation. He argued that despite the alleged encounter occurring on a busy arterial road, the police failed to include any independent public witnesses. Furthermore, the defense pointed out that no CCTV footage was collected, and there was no videography of the search and seizure process.
Malhotra further emphasized that the police claimed to have fired only in the air and that, despite the weapon being described as semi-automatic, no empty shells were found at the spot. He also noted that the Forensic Science Laboratory (FSL) report is still pending.
Prosecution's Opposition
The Additional Public Prosecutor (APP) strongly opposed the bail plea, arguing that the nature of the crime was serious, involving the use of an illegal firearm against a police team. The APP highlighted that Waseem is involved in other criminal cases, the origin of the weapon is still unknown, and several co-accused individuals are yet to be interrogated, making his continued detention necessary for the ongoing investigation.
Bail Conditions
Despite the prosecution's objections, ASJ Punia admitted Waseem to bail upon the furnishing of a personal bond of Rs. 25,000 and two sureties of the same amount. The bail is subject to strict conditions:
- The applicant cannot leave the National Capital Territory (NCT) of Delhi without the court's prior permission.
- He must appear in court on every scheduled hearing date.
- He is strictly prohibited from contacting, threatening, or influencing any witnesses or tampering with evidence.