Allowed

Furkan v. the State (Govt of NCT of Delhi)

Delhi HC22 May 2025BAIL APPLN./880/2025

Case brief

AI extract

What is this about?

Regular bail application under Sections 483/528 BNSS in an IPC 395/397 robbery FIR. With no weapon recovered from the petitioner, no witnesses examined after a filed charge sheet, clean antecedents and prolonged custody exceeding three and a half years, the court admitted the petitioner to bail on a personal bond of Rs.20,000/- with conditions.

What did the court decide?

Regular bail granted on personal bond of Rs.20,000/- with surety of like amount, subject to trial attendance, no witness inducement, and address/phone disclosure to IO.

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

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 880/2025

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FURKAN .....Petitioner

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Through: Mr. Prashant Singhal and Mr. Mohd. Zeeshan, Advocates.

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versus

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THE STATE (GOVT OF NCT OF DELHI) .....Respondent Through: Mr. Aman Usman, APP with SI Satender Kumar Arya, PS-Geeta Colony.

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CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R

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% 22.05.2025

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This is a bail application under Section 483 read with Section 528 of BNSS for grant of regular bail filed on behalf of the petitioner in case FIR No.649/2024 under Section 395/397/120B/34 IPC, registered at PS-Geeta Colony.

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The learned counsel appearing for the petitioner submits that petitioner has been in custody since 26^th November, 2021. The investigation is complete and charge sheet has already been filed in Court. He further submits that prosecution has cited 31 witnesses and not a single witness have been examined till date.

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All other co-accused have since been enlarged on bail. Petitioner has clean antecedent and is not involved in any other criminal case. There is no recovery of any weapon from the present petitioner and the recovery of

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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 30/06/2025 at 23:51:44

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Scooty and the robbed money has been planted . He further submits that petitioner was granted interim bail but he did not misuse the grant of liberty and surrendered in terms of the directions of the Court.

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Bail application has been opposed by the learned APP arguing that petitioner and four co-accused including CCLs committed robbery of Scooty and Rs.1,50,000/- at gun point.

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Learned APP further submits that as per the CCTV footage, there were two more persons who were following the accused persons and were their associates.

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As pert the status report filed by the State, complainant who was riding the Scooty was stopped by three masked man and after stopping him, they took away his Scooty and Rs.1,50,000/- by showing pistol/ Katta .

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Admittedly, the weapon has not been recovered from the present petitioner/accused. The prosecution is relying upon the recovery of the Scooty and Rs.45,000/- at the instance of the present petitioner.

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Admittedly, till date, not a single witness has been examined and therefore, there is remote possibility of concluding the trial in near future.

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Petitioner is in judicial custody since last more than three and a half years. He cannot be allowed to be incarcerated for an indefinite period. 10. Status report and the nominal roll of the petitioner does not indicate any previous criminal antecedents of the petitioner and, therefore, petitioner is not a flight risk.

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Hence, keeping in view the aforesaid facts and circumstances, petitioner is admitted to bail subject to his furnishing a personal bond in the sum of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Trial Court/Duty Magistrate and subject to the following conditions.

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a) The petitioner shall attend the trial regularly as and when directed by the learned Trial Court.

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b) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or victim or witnesses.

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c) The petitioner shall provide his address and phone number to the investigating officer, and in case of change of phone number or address, he shall immediately notify about the same to the IO.

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In view of the above, the bail application stands allowed.

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Copy of the order be given dasti under the signatures of the Court Master.

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RAVINDER DUDEJA, J

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MAY 22, 2025 Sky/na

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This is a digitally signed order.

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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 30/06/2025 at 23:51:44

Furkan v. the State (Govt of NCT of Delhi)

Case brief

What is this about?

What did the court decide?

Furkan v. the State (Govt of NCT of Delhi)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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