Dismissed¶21

Krishna v. State NCT of Delhi

Delhi HC9 May 2025BAIL APPLN./1799/2025

Case brief

AI extract

What is this about?

Anticipatory bail withdrawn with liberty to file fresh application before trial court; Krishna v. State NCT of Delhi; BAIL APPLN. 1799/2025; CRL.M.A. 14564/2025 exemption allowed; FIR No. 1077/2024 PS Sultanpuri; BNS Sections 115(2)/118(2)/126(2)/351(2)/3(5); sariya, rod, stab wound to neck; video-clip surfaced as claimed change in circumstance; delivery of videoclip to Investigating Officer without insisting on personal appearance, via counsel; earlier AB application withdrawn unconditionally 29.04.2025; Justice Girish Kathpalia; High Court of Delhi; 09.05.2025.

What did the court decide?

BAIL APPLN. 1799/2025 dismissed as withdrawn with liberty to file a fresh application before the trial court; exemption application CRL.M.A. 14564/2025 allowed subject to all just exceptions. ¶21

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

What the court decided

AI extract

Outcome

BAIL APPLN. 1799/2025 dismissed as withdrawn with liberty to file a fresh application before the trial court; exemption application CRL.M.A. 14564/2025 allowed subject to all just exceptions.

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Issue for consideration

Whether Krishna, the accused/applicant in FIR No. 1077/2024 of PS Sultanpuri (offences under Sections 115(2)/118(2)/126(2)/351(2)/3(5) BNS), should be granted anticipatory bail. +1 more

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Court's answer

On instructions, learned senior counsel sought and obtained permission to withdraw the Bail Application with liberty to file a fresh application before the trial court; accordingly, the application was dismissed as withdrawn with the liberty as sought.

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Ratio / Principle

The exemption application CRL.M.A. 14564/2025 is allowed, subject to all just exceptions.

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Key takeaways

Accepting counsel's assured supply of the surfaced video-clip to the Investigating Officer during the course of the day, the Court made it clear that the Investigating Officer shall not insist on personal appearance of the accused/applicant for that purpose and the video-clip may be delivered by counsel.ratio¶19

Detailed headnote1 paragraphs

Delhi High Court (Hon'ble Mr. Justice Girish Kathpalia), order dated 09.05.2025: Krishna's anticipatory bail application (BAIL APPLN. 1799/2025, with exemption application CRL.M.A. 14564/2025 allowed) relating to FIR No. 1077/2024 of PS Sultanpuri for offences under Sections 115(2)/118(2)/126(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita (BNS). Senior counsel reported a surfaced video-clip of the alleged incident as a change in circumstance and assured its supply to IO/SI Karamveer the same day; the Court directed that the Investigating Officer shall not insist on the applicant's personal appearance for delivery, which could be made through counsel. On counsel's instructed request, the Court permitted withdrawal of the application and dismissed it as withdrawn with liberty to file a fresh anticipatory bail application before the trial court. The accused's earlier anticipatory bail application had been withdrawn unconditionally on 29.04.2025. Prosecution allegation: on the fateful night the injured was attacked by three persons including the applicant, the two male assailants using sariya and rod while the applicant stabbed the victim's neck.

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1799/2025

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KRISHNA .....Petitioner

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Through: Ms. Nandita Rao, senior advocate with Mr. Hirein Sharma and Mr. Vimal Tyagi, Advocate

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versus

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STATE NCT OF DELHI .....Respondent Through: Ms. Richa Dhawan, APP for State with IO/SI Karamaveer, PS Sultanpuri

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CORAM:

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HON'BLE MR. JUSTICE GIRISH KATHPALIA

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O R D E R

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% 09.05.2025 [ Physical Hearing/Hybrid Hearing (as per request)]

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CRL.M.A. 14564/2025 (exemption)

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1. Allowed, subject to all just exceptions. BAIL APPLN. 1799/2025

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The accused/applicant seeks Anticipatory Bail in case FIR No. 1077/2024 of PS Sultanpuri for offence under Sections 115(2)/118(2)/126(2) /351(2)/3(5) of the Bharatiya Nyaya Sanhita (BNS). Broadly speaking, allegation of the prosecution is that on the fateful night, the injured was attacked by three persons including two males and the present accused/applicant; the two male assailants used sariya and rod while the present accused/applicant stabbed in the neck of the victim.

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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 01/07/2025 at 00:06:49

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Earlier, the accused/applicant had filed Anticipatory Bail application but the same was withdrawn unconditionally on 29.04.2025.

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Learned senior counsel for accused/applicant submits that now there is a change in circumstance as a video-clip of the alleged incident has surfaced.

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The Investigating Officer SI Karamveer submits that no such videoclip has been given to him for verification.

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Learned senior counsel for accused/applicant on instructions assures to supply the said video-clip to the Investigating Officer during the course of the day. It is made clear that for supply of the said video-clip, the Investigating Officer shall not insist for personal appearance of the accused/applicant and the same can be delivered to the Investigating Officer by counsel for accused/applicant.

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Under these circumstances, on instructions, learned senior counsel seeks permission to withdraw this Bail Application with liberty to file fresh application before the trial court.

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Accordingly, the application is dismissed as withdrawn with liberty as sought.

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MAY 9, 2025/as

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Click here to check corrigendum, if any

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Krishna v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Krishna 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

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