Shiv @ Bhola Vs State Govt. of NCT of Delhi

The instant application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘ BNSS ’) has been filed on behalf of the applicant seeking grant of regular bail in FIR No. 1011/2023, registered at Police Station Mahindra Park, Delhi for offences punishable under Sections 307/120-B/34 of the Indian Penal Code, 1860 (hereafter ‘IPC’) and Sections 25/27/54/59 of Arms Act, 1959.

¶13

The facts leading to the registration of the present FIR are that the complainant/Nandan Singh was working as a peon in a trading company. On 27.10.2023, a boy had demanded a sum of Rs.2 lacs from him, and on his refusal, he had threatened to kill him. He had thereafter fired a bullet upon the complainant with pistol. Though the complainant had dodged the bullet which hit the wall of the office room, he had sustained burn injuries on his face, neck and eyes due to the gun powder. After the said incident, the applicant/accused had run down the stairs. The complainant had made a

¶14

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 27/01/2025 at 11:54:09

¶15

PCR call and the Police had taken the complainant to BJRM Hospital. The applicant/accused is alleged to have provided the vehicle and the weapon used in the incident.

¶16

The learned counsel appearing on behalf of the applicant argues that the applicant has been falsely implicated in the present case and is in judicial custody for more than 13 months i.e. since 14.12.2023. It is contended that the alleged weapon was also not recovered at his instance. Therefore, it is prayed that bail be granted to the applicant.

¶17

Per contra , the learned APP for the State argues that the allegations against the applicant are grave in nature. Therefore, it is prayed that the present bail application be dismissed. 5. This Court has heard arguments addressed on behalf of both the parties and has perused the material placed on record. 6. It is not disputed that the weapon of offence used in the incident was not recovered at the instance of the present applicant. The Investigating Officer (IO) states that despite reminders, the doctor concerned has still not given his opinion regarding the injuries sustained by the complainant in the alleged incident. Admittedly, the applicant is in judicial custody for more than 13 months i.e. since 14.12.2023

¶18

Considering the overall facts and circumstances of the case, and the period of custody undergone by the applicant, this Court is inclined to grant regular bail to applicant/accused on his furnishing a personal bond in the sum of Rs. 15,000/- with one surety bond of the like amount, subject to the satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms & conditions:

¶19

i) The applicant/accused shall not leave the country without prior

¶20

This is a digitally signed order.

¶21

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 27/01/2025 at 11:54:09

¶22

permission of the concerned Court.

¶23

ii) In case of change of residential address/contract details and phone number, the applicant/accused shall promptly inform the same to the concerned Trial Court.

¶24

iii) The applicant/accused shall not make any attempt to influence the witnesses during the trial.

¶25

vi) The applicant/accused will not absent himself before the learned Trial Court;

¶26

v) In case of any emergency, the applicant will ensure that he will move appropriate application before the learned Trial Court in case he cannot appear.

¶27

Accordingly, the present bail application stands disposed of.

¶28

Nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case.

¶29

The order be uploaded on the website forthwith.

¶30

SWARANA KANTA SHARMA, J

¶31

JANUARY 22, 2025/A

¶32

Click here to check corrigendum, if any

¶33

This is a digitally signed order.

¶34

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 27/01/2025 at 11:54:09

Shiv @ Bhola v. State Govt. of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Shiv @ Bhola v. State Govt. of 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

Parties & counsel

Coram

Case details

Similar cases

Pravesh Mann@ Sagar Vs State Govt. of NCT of Delhi

Inamul Sheikh Vs State through SHO Ps Jamia Nagar

Mukesh Kumar Vs State of NCT of Delhi through Its Chief Secretary

Mohd Muddaser@ Mohd Kaish Vs the State and Ors. .

Rakesh Verma Vs the State (Govt. of NCT of Delhi)

Arun Kumar Vs State Gnct of Delhi and Ors.