Allowed¶31

Jatin v. State NCT of Delhi

Bail – Regular bail

Delhi HC16 Apr 2025BAIL APPLN./1019/2025

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Case brief

AI extract

What is this about?

Delhi High Court (Dr. Justice Swarana Kanta Sharma) allows regular bail application of Jatin in BAIL APPLN. 1019/2025 arising from FIR 663/2023, PS Prem Nagar, under Sections 307/34 IPC (initially 324/34 IPC); grounds: simple injuries per MLC, about 1.5 years judicial custody, no criminal antecedents, trial yet to commence; bail on personal bond of Rs. 15,000/- with one surety, dated 16.04.2025.

What did the court decide?

Regular bail granted to the applicant on furnishing personal bond of Rs. 15,000/- with one surety of the like amount, subject to satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge and the enumerated conditions; bail application allowed and disposed of. ¶31

Jatin Vs State NCT of Delhi — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, arraigned as accused under Sections 307/34 IPC in FIR no. 663/2023 (PS Prem Nagar), is entitled to regular bail.

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Court's answer

Considering the simple nature of injuries per the MLC, discharge of the victim the same day, the applicant's judicial custody of about 1 1/2 years with prosecution witnesses yet to be examined, absence of criminal antecedents, and the time the trial will take since recording of evidence has not commenced, the Court granted regular bail on furnishing a personal bond of Rs. 15,000/- with one surety of the like amount, subject to conditions: no direct or indirect contact with the victim or his family and no attempt to influence witnesses or tamper with evidence; sharing of mobile number with the IO/SHO and keeping it active; prompt intimation of any change of residential address/contact details to the concerned Court; and regular appearance before the learned Trial Court.

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Key takeaways

Nothing expressed in the order shall tantamount to an expression of opinion on the merits of the case.obiter¶32

Detailed headnote1 paragraphs

Bail - Regular bail - Applicant accused in FIR 663/2023, PS Prem Nagar, initially under Ss. 324/34 IPC, altered to Ss. 307/34 IPC - Alleged stabbing of injured Zishan on 04.12.2023; metal blade recovered at applicant's instance - MLC opines injuries 'simple'; victim discharged same day - Applicant in judicial custody about 1 1/2 years; prosecution witnesses yet to be examined; no criminal antecedents; charge sheet filed; recording of evidence not commenced - Held: overall circumstances incl. likely delay in trial justify regular bail on personal bond of Rs. 15,000/- with one surety, subject to conditions (no contact with victim/witnesses, no tampering, mobile number shared with IO/SHO, address updates, regular trial appearance) - Clarified that order is not an expression of opinion on merits.

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1019/2025 JATIN .....Petitioner

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Through: Ms. Sunita Arora, Advocate

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versus

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STATE NCT OF DELHI .....Respondent

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Through: Mr. Naresh Kumar Chahar, APP for the State with SI Arun Kumar, P.S. Prem Nagar, Delhi

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CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 16.04.2025

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By way of the present application, the applicant seeks grant of regular bail in case arising out of FIR bearing no. 663/2023, registered at Police Station Prem Nagar, Delhi, initially for the offence punishable under Sections 324/34 of the Indian Penal Code, 1860 (hereafter ‘ IPC ’) and later, on under Section 307/34 of IPC.

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The Status Report is not on record. However, a copy of the Status Report has been handed over to this Court as well as to the learned counsel for the applicant.

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Briefly stated, the facts of the present case are that on 04.12.2023, a PCR call vide DD No. 116A was received at Police Station Prem Nagar, Delhi, regarding a quarrel and stabbing incident that had taken place at Budh Bazar Road, Prem Nagar-3, Delhi. A team of police officials had reached the

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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 17/04/2025 at 12:43:11

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place of incident, where it was revealed that the injured person had already been taken to Sanjay Gandhi Hospital, Mangolpuri, Delhi. Upon reaching the hospital, the statement of Zishan, i.e. the injured person, was recorded. He stated that on 04.12.2023, he along with his friends was present at a confectionary shop and one person named Gulshan, alongwith his brother and another friend, had arrived there. Thereafter, they had caught hold of Zishan, and Gulshan’s brother i.e. the accused/applicant herein had attacked Zishan on his face with a sharp edged weapon. Based on the aforesaid statement, FIR no. 663/2023 under Section 324/34 of IPC was registered at Police Station Prem Nagar, Delhi. Thereafter, investigation was carried out and the statements of witnesses were recorded. On the basis of the same, section 324 IPC was replaced with Section 307 of IPC and the present accused/applicant was arrested.

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The learned counsel appearing for the applicant argues that the present accused/applicant has been falsely implicated in the case. She further submits that charge sheet in the present case has already been filed and the trial will take some time to conclude. Moreover, the present accused/applicant has been in judicial custody since 06.12.2023 and no useful purpose will be served by his further incarceration. She further submits that the MLC No. 25484/23 of the victim in this case opines that the injuries sustained by the victim were ‘simple’ in nature. The learned counsel further states that the present accused/applicant has no criminal antecedents, and therefore, she prays that the applicant be granted regular bail.

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The learned APP for the State, on the other hand, opposes the present bail application and argues that the weapon with which the present offence was committed i.e. a metal blade was recovered at the instance of the present

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This is a digitally signed order.

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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 17/04/2025 at 12:43:11

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accused/applicant. He, however, does not dispute that the applicant herein has no criminal antecedents.

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This Court has heard arguments addressed by both the parties and has perused the material on record.

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This Court notes that as per the MLC placed on record, the injuries sustained by the victim in the present case were opined as ‘ simple’ in nature and the victim was discharged from the hospital on the same day. Furthermore, the present applicant/accused has been in judicial custody for about 1 ½ years and yet prosecution witnesses are yet to be examined. There are no criminal antecedents of the applicant herein.

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Considering the overall facts and circumstance of the case, and the fact that trial will take some time to conclude since the recoding of evidence has yet not commenced, this Court is inclined to grant regular bail to the applicant on his furnishing personal bond in the sum of Rs.15,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions:

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i. The applicant shall not directly or indirectly contact the victim or his family members and not to make an attempt to influence the witnesses, or tamper with the evidence in any manner.

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ii. The applicant shall share his mobile number with the concerned IO/SHO, and shall keep the same switch on/active at all times.

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iii. In case of change of residential address/contact details, the applicant shall promptly inform the same to the

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This is a digitally signed order.

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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 17/04/2025 at 12:43:11

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concerned Court.

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iv. The applicant shall appear regularly before the learned Trial Court.

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Accordingly, the present bail application stands allowed and is disposed of.

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It is, however, clarified that nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case.

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The order be uploaded on the website forthwith.

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DR. SWARANA KANTA SHARMA, J

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APRIL 16, 2025/ns

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 17/04/2025 at 12:43:11

Jatin v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Jatin v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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