Farman Vs the State of NCT of Delhi & Anr. — Bail and Remand | Delhi HC (2025)

Farman Vs the State of NCT of Delhi & Anr. — Bail and Remand | Delhi HC (2025)

What the court decided

AI extract

Outcome

Leave to withdraw the third bail application, dismissed as withdrawn along with pending applications (CRL.M.As. 14998/2025, 14999/2025), with liberty to apply afresh before the Trial Court once the Complainant's statement is recorded and to renew the bail request thereafter, to be examined on its own merits; bail itself was not granted.

Issue for consideration

Whether regular bail should be granted to the applicant in case FIR No. 351/2022 (this being his third bail application). +2 more

Court's answer

All rights and contentions of the parties were left open, and the Court expressly did not comment on the merits of the case.

Ratio / Principle

Leave to withdraw the bail application was granted, and the petition was dismissed as withdrawn along with the pending applications, with liberty to apply afresh before the Trial Court once the statement of the Complainant is recorded.

Key takeaways

Liberty was granted to the Applicant to renew his request for bail before the Trial Court after the testimony of the complainant is recorded; such request shall be examined on its own merits in accordance with law.ratio¶¶17
The FSL was further directed to expedite the report relating to the CCTV footage, and the concerned ACP was to follow up with the FSL for this purpose.obiter¶¶16
The Trial Court was requested to record the remaining testimony of the Complainant as expeditiously as possible, subject to the availability of the FSL report.obiter

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J.), order dated 21.05.2025 in Bail Appln. 1427/2025, Farman v. State of NCT of Delhi: the applicant's third regular-bail application under Section 483 BNSS (earlier Section 439 CrPC, 1973) in FIR No. 351/2022 (dated 1st October 2022, P.S. Shahdara) under Sections 392, 394, 397 and 34 IPC and Sections 25 and 27 Arms Act was withdrawn. The trial had stalled as the Victim/Complainant (PW-1) had been only partly examined on 24th October 2024, her remaining statement being deferred pending the awaited FSL report on the CCTV footage of the incident. Counsel sought leave to withdraw; leave and liberty were granted and the petition was dismissed as withdrawn along with pending CRL.M.As., with liberty to apply afresh before the Trial Court and to renew the bail request after the Complainant's testimony is recorded, such request to be examined on its own merits in accordance with law. The FSL was directed to expedite the CCTV-footage report (concerned ACP to follow up), and the Trial Court was requested to record the remaining testimony expeditiously. The Court expressly did not comment on the merits; all rights and contentions were left open. No precedent was cited or engaged with.

$~11

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 1427/2025 & CRL.M.As. 14998/2025, 14999/2025 FARMAN .....Petitioner

Through: Mr. Medhanshu Tripathi and Mr. Tushar Tokas, Advocates.

versus

THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: SI Kanhiya Lal, P.S. Shahdara. Mr. Aman Bhardwaj and Mr. Arpit Sharma, Advocates for R-1.

CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

%

O R D E R 21.05.2025

This is the third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 439 of the Criminal Procedure Code, 1973) seeking regular bail in case FIR No. 351/2022 dated 1^st October, 2022, registered under Sections 392, 394, 397 and 34 of the Indian Penal Code, 1860, and Sections 25 and 27 of the Arms Act, 1959, at P.S. Shahdara, Delhi.

The proceedings were being adjourned for recording of the statement of the Victim/Complainant i.e., PW-1, who was partly examined on 24^th October, 2024, and her remaining statement was deferred, as the report of the Forensic Science Laboratory¹ , regarding the CCTV footage relating to the incident, is still awaited.

In light of the above, Counsel for Applicant seeks leave to withdraw

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 00:17:32

the present petition with liberty to apply afresh before the Trial Court once the statement of the Complainant is recorded.

Leave and liberty granted.

FSL is further directed to expedite the report relating to the CCTV footage. For this purpose, the concerned ACP shall follow up with the FSL. 6. The Trial Court is requested to record the remaining testimony of the Complainant as expeditiously as possible, subject to the availability of the FSL report.

Liberty is granted to the Applicant to renew his request for bail before the Trial Court after the testimony of the complainant is recorded. Such request shall be examined on its own merits in accordance with law.

All rights and contentions of the parties are left open.

The Court has not commented on the merits of the case.

Dismissed as withdrawn along with pending applications with the liberty as aforesaid.

SANJEEV NARULA, J

MAY 21, 2025

as

1 “FSL”

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 00:17:32