Salman Vs the State of NCT of Delhi — Bail and Remand | Delhi HC (2025)

Salman Vs the State of NCT of Delhi — Bail and Remand | Delhi HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted on furnishing personal bond of Rs.20,000/- with surety of the like amount to the satisfaction of the learned trial court/Duty Magistrate, with conditions that the applicant shall not try to contact the complainant or other witnesses connected with the case and shall regularly appear before the trial court as and when directed.

Issue for consideration

Whether the applicant Salman, in custody since 25.01.2024 in FIR No. 0192/2024 (Sections 307/427/34 IPC, P.S. Bhalswa Dairy), is entitled to grant of regular bail under Section 483 of BNSS, 2023.

Court's answer

The applicant is admitted to regular bail on furnishing a personal bond of Rs.20,000/- with a surety of the like amount to the satisfaction of the trial court/Duty Magistrate, subject to the condition that he shall not contact the complainant or other witnesses and shall regularly appear before the trial court.

Ratio / Principle

Bail was granted having regard to completion of investigation, filing of the charge sheet, settled charges, non-examination of any of the 17 cited witnesses, no likelihood of the trial concluding in the near future, discharge of the injured from hospital, and about 16 months of custody already undergone, as no fruitful purpose would be served by keeping the applicant in jail.

Detailed headnote1 paragraphs

Delhi High Court (Ravinder Dudeja, J.) allowed a regular bail application under Section 483 of BNSS, 2023 filed by Salman, a young accused aged 19 years 8 months at the time of offence, in FIR No. 0192/2024 (P.S. Bhalswa Dairy) under Sections 307/427/34 IPC. The role ascribed to the petitioner was that he and co-accused Arif caught the victim while stab injuries were caused by co-accused Usman with a knife; the injured had been discharged from hospital. The Court noted the investigation was complete, the charge sheet filed and charges settled; that though 17 witnesses were cited, none had been examined; and that the applicant had already undergone about 16 months of custody with no likelihood of the trial concluding in the near future, so no fruitful purpose would be served by continued incarceration. Bail was granted on a personal bond of Rs. 20,000/- with a surety of the like amount, subject to conditions that the applicant shall not contact the complainant or other witnesses and shall regularly appear before the trial court.

$~14

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 1413/2025

SALMAN

.....Petitioner

Through: Mr. Rishipal, Adv. & Ms. Radha Rani, Adv.

versus

THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for the State with IO.

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 21.05.2025

This is an application under Section 483 of BNSS, 2023 filed on behalf of the petitioner/applicant /Salman for grant of regular bail in FIR No. 0192/2024 dated 24.01.2024, under Section 307/427/34 IPC, registered at P.S.Bhalswa Dairy.

Learned counsel for the petitioner submits that the applicant has been falsely implicated in the present case. His age at the time of commission of the offence was 19 years 8 months and he is in judicial custody since 25.01.2024 and is not required for any further investigation.

The bail application has been opposed by learned APP submitting that the applicant and the co-accused had stabbed the victim with a knife with intent to kill him and had also set on fire one bike belonging to the friend of the complainant. It is argued that the allegations are grave and serious in nature, and therefore, the applicant is not entitled to the grant of bail.

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 01/07/2025 at 00:23:01

The role ascribed to the petitioner is that he and Arif had caught the victim while stab injuries were caused by Usman with knife. The injured has since been discharged from the hospital. The investigation is complete and charge sheet has already been filed before the trial court. The charges are already settled. The prosecution has cited 17 witnesses, but no witness has been examined till date. There is no likelihood of conclusion of the trial in the near future. The applicant has been in custody for the last about 16 months. No fruitful purpose will be served by keeping him jail.

Considering the same, the applicant/accused is admitted to bail on his furnishing a personal bond in the sum of Rs.20,000/- with a surety of the like amount to the satisfaction of the learned trial court/Duty Magistrate with condition that the applicant shall not try to contact the complainant or other witnesses connected with this case and shall regularly appear the trial court as and when directed.

The bail application stands disposed of.

RAVINDER DUDEJA, J

MAY 21, 2025/ib/ak

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 01/07/2025 at 00:23:01