$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 288/2024
SOHIL ALAM ..... Petitioner
Through: Mr. Manish Sahay and Ms. Shikha
Yadav, Advs.
versus
STATE GNCT OF DELHI ..... Respondent
Through: Mr. Raghuinder Verma, APP for State
with ASI Harbir SI Lalit Kumar
Police Station Bindapur
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 28.03.2024
1. The present petition has been filed under Section 439 CrPC seeking
regular bail in connection with FIR No.425/2023 under Sections 307/324/34
IPC and Section 25/27 Arms Act registered at Police Station Bindapur.
2. The present case was registered on the complaint of Raj Kumar
wherein he alleged that on 17.07.2023 at about 09.00 P.M., he entered “Gym
wala park” for a walk, where all the accused persons were sitting and
consuming drugs. Suddenly, all of them picked him up and started beating.
Accused Salman stabbed him 3-4 times and thereafter all of them fled away.
3. The learned counsel for the petitioner submits that the petitioner is in
custody since 19.07.2023 and no weapon has been recovered from the
petitioner or at his instance.
4. The learned counsel for the petitioner submits that the role of the
present petitioner is similar to that of Immamuddin @ Babu Khatri, co-
accused in the case FIR who has already been granted bail by this Court.
5. He further submits that the main accused in the present petition is
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/04/2024 at 14:17:33
accused Salman who stabbed the complainant / injured 3 – 4 times.
6. The learned counsel for the petitioner further submits that the injury
suffered in the present case by the complainant is simple in nature.
7. He, therefore, urges the Court to enlarge the petitioner on bail.
8. Issue notice. Learned APP for the State accepts notice.
9. He, on instructions from the Investigating Officer who is present in
Court, fairly submits that the role ascribed to the present petitioner is similar
to that of co-accused Immamuddin @ Babu Khatri who has already been
vide
granted bail by this Court order dated 07.03.2024 passed in BAIL
APPLN. 416/2024.
10. On a query posed by the Court, the learned APP on instructions,
submits that the injury suffered by the complainant in the present case is
simple in nature. He further fairly concedes that no recovery of weapon was
made from the petitioner or at his instance.
11. The petitioner is in custody since 19.07.2023 and the investigation in
the matter is complete, therefore, the custody of the petitioner is no more
required.
12. The case is stated to be at the stage of framing of charges, therefore,
the trial has not even commenced. Further, the prosecution has cited as
many as 23 witnesses which means that conclusion of trial will take long
time. In the given facts of the case the petitioner cannot be kept in custody
for an indefinite period to await the outcome of trial.
13. It is also not the case of the prosecution as per the status report that
the petitioner is a flight risk.
14. In view of the above, this Court is of the view that the petitioner has
made out a case for grant of regular bail. Accordingly, the petitioner is
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/04/2024 at 14:17:33
enlarged on bail subject to his furnishing a Personal Bond in the sum of Rs.
25,000/- and one Surety Bond of the like amount to the satisfaction of the
Trial Court/CMM/Duty Magistrate, further subject to the following
conditions:-
a) Petitioner shall appear before the Court as and when the matter
is taken up for hearing.
b) Petitioner shall provide mobile number to the IO concerned
which shall be kept in working condition at all times and he shall
not change the mobile number without prior intimation to the
Investigating Officer concerned.
c) Petitioner shall not indulge in any criminal activity and shall
not communicate with or come in contact with the witnesses.
15. The petition stands disposed of.
16. It is made clear that nothing stated above is to be construed as an
expression of opinion on the merits of the case.
17. Copy of the order be forwarded to the concerned Jail Superintendent
for necessary compliance and information.
dasti
18. Order under signatures of the Court Master.
19. Order be uploaded on the website of this Court.
VIKAS MAHAJAN, J
N.S. ASWAL
MARCH 28, 2024/
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/04/2024 at 14:17:33