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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3721/2024
SHRI SAHIL .....Applicant
Through: Mr. Deepak Aggarwal &
Mr. Utsav & Ms.
Rubeena, Advs.
versus
STATE GOVT.OF NCT OHTHROUGH PS SUBHASH
PLACE .....Respondent
Through: Mr. Satinder Singh Bawa,
APP for the State.
ASI Neeraj Rana, PS
Subhash Place.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 29.10.2024
CRL.M.A. 30922/2024 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
BAIL APPLN. 3721/2024
3. The present bail application is filed seeking regular bail in
FIR No. 627/2024 dated 03.09.2024, registered at Police Station
Subhash Place, for offences under Sections 109(1) / 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (‘BNS’).
4. The FIR was registered on an allegation that the
complainant while going to his brother in law’s shop, was
attacked by three persons. One of the assailants was the
applicant. It is alleged that serious injuries were caused by the
accused persons who attacked the complainant with knife on
face, neck and hips.
This is a digitally signed order.
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5. The learned counsel for the applicant submits that false
allegations have been made against the applicant. He submits that
there had been past animosity between the applicant and the
complainant which led to the complainant also naming the
applicant along with other assailants. He submits that the
applicant had filed an application before the learned Trial Court,
pursuant to which CCTV footage and the original DVR was
produced. It is the case of the applicant that he, at the time of
incident, was present in his house. He further relied upon the
CDR location at the time of incident to show that he was not
present at the place of crime. The DVR and CCTV footage have
been verified.
6. It is the case of the prosecution that the possibility of
tampering with the CCTV footage cannot be ruled out.
7. It is true that the CCTV footage sought to be relied upon
by the accused is in the nature of defence evidence and its
veracity would be tested during the course of the trial. In the
absence of its veracity being verified, the same cannot be the sole
basis for giving a clean chit to the applicant. However, the
benefit of the same cannot be denied at the time of considering
the application for bail. The original DVR is already in
possession of the prosecution and has been sent for verification
to the FSL.
8. It is not denied that the CDR location of the mobile phone
of the applicant obtained by the prosecution, at this stage shows
that he was not present at the place of crime.
9. The applicant is stated to be in custody since 14.09.2024.
The investigation qua the applicant seems to be complete. No
purpose would be served by keeping the applicant in further
custody. However, appropriate conditions ought to be put to
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 04/11/2024 at 12:51:13
allay the apprehension of applicant tampering with the evidence
and threatening the witnesses.
10. In view of the above, the applicant is directed to be
released on bail on furnishing a personal bond for a sum of
₹25,000/- with two sureties of the like amount, subject to the
satisfaction of the learned Trial Court / Duty MM / Link MM, on
the following conditions:
a. The applicant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case or tamper with
the evidence of the case, in any manner whatsoever;
b. The applicant shall under no circumstance leave the
boundaries of the country without the permission of
the learned Trial Court;
c. The applicant shall appear before the learned Trial
Court as and when directed;
d. The applicant shall provide the address where he
would be residing after his release and shall not
change the address without informing the concerned
IO/ SHO;
e. The applicant shall, upon his release, give his
mobile number to the concerned IO/SHO and shall
keep his mobile phones switched on at all times.
11. In the event of there being any FIR/ DD entry/ complaint
lodged against the applicant, it would be open to the State to seek
redressal by filing an application seeking cancellation of bail.
12. It is clarified that the observations made in the present
order are only for the purpose of deciding the present bail
application and shall not influence the outcome of the trial and
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 04/11/2024 at 12:51:13
also not be taken as an expression of opinion on the merits of the
case.
13. The bail application is allowed in the aforementioned
terms.
AMIT MAHAJAN, J
OCTOBER 29, 2024/“SK”
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 04/11/2024 at 12:51:13