By– Mukesh Rana
New Delhi: A Delhi court has discharged a man accused in a case involving firearms and alleged attempted murder of police officials, citing insufficient evidence to proceed against him. The court discharged Naraesh Yadav. a resident of outer Delhi saying only disclosure statement was not sufficient. The court, however, found sufficient grounds to frame charges against co- accused Sandeep Kashyap. Piyush Nagpal, was appearing for Yadav along with advocate Deepak Sharma. The case stemmed from an incident where Sandeep Kashyap was allegedly apprehended near MG Road, Gurugram, after firing at police officials to evade arrest. Two pistols and live cartridges were reportedly recovered from him. Following the investigation, Naresh Yadav and a juvenile were implicated in the case for allegedly supplying the firearms to Kashyap. The prosecution argued that there was enough material to establish a prima facie case against the accused. However, the defence counsel, Deepak Sharma, argued that the case against Yadav was weak and based solely on the disclosure statements of Kashyap and a juvenile. Sharma high-lighted that no recovery had been made from Yadav, and he was not present at the crime scene. The court ruled that disclosure statements alone, without corroborative evidence, were inadmissible. “There is no material to connect accused Naresh Yadav with the commission of offences. Admittedly, he was not present at the spot, and no recovery has been made from him,” the court noted. Consequently Yadav was discharged, while the case against Kashyap will proceed, given the direct allega- tions and evidence against him. “To prove this thing, prosecution is solely rely- ing upon disclosure state- ments of both the accused herein as well as that of juvenile’ which are of no value in the eyes of law in the absence of discovery of any material fact in pur- suance thereto. Accord- ingly, accused Naresh Yadav alias Sethi is hereby discharged for the alleged offences because there is no sufficient ground for proceeding further against him,” the court noted.For Kashyap the court noted that there was enough material placed on records.”Court is of the view that no case for discharge of accused Sandeep Kashyap was made out as there are clear allegations against him for commission of offences in question,” the court noted.
