Kashish Juneja Vs the State of NCT Delhi & Anr. — Delhi HC (2025) — LawSathi Research

Kashish Juneja Vs the State of NCT Delhi & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail in the event of arrest on furnishing personal bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the SHO/IO concerned, subject to conditions (availability on mobile numbers shared with police; no departure from India without prior permission of IO/SHO; no influencing of witnesses or tampering with evidence; prompt intimation of any change of address/contact details). Bail application disposed of.

Issue for consideration

Whether the applicant (Kashish Juneja) is entitled to anticipatory bail in the event of arrest in FIR No. 582/2024, P.S. Tilak Nagar, for offences punishable under Section 110/3(5) of the Bhartiya Nagrika Suraksha Sanhita, 2023.

Court's answer

In view of the facts and circumstances, the complainant's unwillingness to pursue the FIR and the compromise entered into with the petitioner, the Court directed that in the event of arrest the applicant be released on bail on furnishing a personal bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the concerned SHO/IO.

Ratio / Principle

The anticipatory bail was made subject to conditions: the applicant shall remain available on mobile numbers shared with the police; shall not leave the country without prior permission of the IO/SHO; shall not directly or indirectly influence witnesses or tamper with evidence; and shall promptly inform the IO/SHO of any change of residential address or contact details.

Detailed headnote1 paragraphs

Anticipatory bail – FIR No. 582/2024, P.S. Tilak Nagar, District West, Delhi, u/S 110/3(5), Bhartiya Nagrika Suraksha Sanhita, 2023 – allegation that on 19.11.2024, during a drinking session, co-accused Anmol stabbed the injured with a kitchen knife after heated arguments over delay in food, petitioner allegedly present – petitioner claimed false implication and compromise with complainant – complainant present in Court, confirmed settlement, did not dispute the stabbing and did not wish to pursue the FIR – held: in the event of arrest, applicant to be released on bail on personal bond of Rs. 10,000/- with one surety of like amount, subject to conditions regarding availability, travel abroad, witness tampering and address changes – bail application disposed of (Dr. Swarana Kanta Sharma, J., High Court of Delhi, 21.05.2025).

$~14

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 1688/2025

KASHISH JUNEJA .....Petitioner

Through: Counsel (appearance not given).

versus

THE STATE OF NCT DELHI & ANR. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State. R-2 in person.

CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R % 21.05.2025

By way of the present application, the applicant seeks anticipatory bail in FIR bearing No. 582/2024, dated 20.11.2024, registered at Police Station Tilak Nagar, District West, Delhi, for the commission of offences punishable under Section 110/3 (5) of the Bhartiya Nagrika Suraksha Sanhita, 2023 (hereafter ‘ BNS ’).

Issue notice. The learned APP accepts notice on behalf of the State.

The brief facts, as discernible from the material on record are that during the intervening night of 19/20^th November, 2024, SI Ram Chander was on emergency duty, when an information vide DD No. 18 A dated 20.11.2024 was received at Acharya Bhiksu Hospital, Moti Nagar, Delhi and the same was marked to concerned Investigation Officer (IO). He had visited the hospital and had recorded the statement of the victim. The injured

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 00:22:49

had alleged that on 19.11.2024, Anmol alongwith his friends Kashish Juneja (the present petitioner) and Annu had come to his and had stated consuming alcohol in a room. It is further stated that, during the night Anmol and Kashish had asked the injured to prepare and bring some food for them. Due to some delay in preparation of the food, heated arguments were ensued between them, and accused Anmol had stabbed him with a kitchen knife and had run away from the place of incident.

The learned counsel appearing on behalf of the applicant states that the petitioner herein has falsely been implicated in this case and further states that the petitioner and the complainant have entered into a compromise. The learned counsel for the applicant further states that there is no previous involvement of the petitioner and all the accused are young in age and one of them is a student.

The learned APP for the State has opposed the bail application and states that the petitioner had stabbed the complainant. 6. The complainant is also present before this Court and states that she has entered into a settlement with the present accused. He states that the petitioner was his employer and he was under the influence of liquor as were the accused persons. He further states that there were heated arguments between them, which has resulted into the alleged incident. He, however, does not dispute the stabbing as taken place.

Keeping in view all the facts and circumstances mentioned hereinabove, and also the fact that the complainant does not want to pursue the present FIR and has also entered into a compromise with the petitioner, this Court directs that in the event of arrest, the applicant be released on bail on his furnishing personal bond in the sum of Rs.10,000/- with one surety of

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 00:22:49

the like amount to the satisfaction of the SHO/I.O concerned on the following terms and conditions:

i) The applicant shall remain available on mobile numbers; shared by him with the Police.

ii) The applicant shall not leave the country without prior permission of the concerned IO/SHO.

iii) The applicant shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner.

iv) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned I.O/SHO.

The bail application stands disposed of.

The order be uploaded on the website forthwith.

DR. SWARANA KANTA SHARMA, J

MAY 21, 2025/A

Click here to check corrigendum, if any

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 00:22:49