Allowed¶28

Niket Tiwari v. State of NCT of Delhi

Delhi HC7 Jul 2026BAIL APPLN./4933/2025

Case brief

AI extract

What is this about?

Regular bail; Section 483 BNSS 2023; FIR No. 183/2025 PS Kotla Mubarakpur; Section 109(1)/3(5) BNS 2023; petitioner not named in FIR; judicial custody more than one year; trial at early stage — only two of twenty prosecution witnesses examined; complainant and injured examined; victim discharged and cross-examined; bail bond Rs. 25,000 with like surety; conditions on foreign travel, address intimation, appearance, mobile number, non-tampering; no previous criminal antecedents; High Court of Delhi; Justice Madhu Jain; order dated 07.07.2026.

What did the court decide?

Release on regular bail upon furnishing a bail bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court, subject to the five conditions enumerated in the order. ¶28

Niket Tiwari Vs State of NCT of Delhi — Bail and Remand | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Niket Tiwari, named in FIR No. 183/2025 (PS Kotla Mubarakpur) for offences punishable under Section 109(1)/3(5) BNS 2023, should be granted regular bail under Section 483 BNSS 2023.

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Ratio / Principle

In the facts and circumstances of the case, the Applicant is directed to be released on bail on furnishing a bail bond of Rs. 25,000/- with one surety of the like amount, to the satisfaction of the learned Trial Court, subject to conditions: (i) not to leave India without prior permission of the Trial Court; (ii) to intimate the Trial Court by affidavit and the Investigating Officer of any change of residential address; (iii) to appear before the Trial Court as and when the matter is taken up; (iv) to give his mobile number to the Investigating Officer and keep it operational; and (v) not to tamper with evidence or influence witnesses.

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Key takeaways

Nothing observed in the order shall be construed as an expression of opinion on the merits of the case; the observations are only for the purpose of deciding the present bail application.obiter¶24

Detailed headnote1 paragraphs

Bail application under S. 483 BNSS 2023 allowed by the High Court of Delhi (Madhu Jain, J.) — Applicant Niket Tiwari directed to be released on regular bail in FIR No. 183/2025, PS Kotla Mubarakpur, for offences punishable under Section 109(1)/3(5) BNS 2023, on a bail bond of Rs. 25,000/- with one surety of the like amount, subject to conditions (no departure from India without Trial Court permission; affidavit intimation of change of address to Trial Court and Investigating Officer; appearance as and when the matter is taken up; operational mobile number furnished to the Investigating Officer; no tampering with evidence or influencing witnesses). Counsel for the Applicant submitted that the complainant and injured had been examined, only two of the total twenty prosecution witnesses had been examined so far, the Petitioner was not named in the FIR and had been in judicial custody for more than one year, and that the Petitioner had no previous criminal antecedents; the State opposed, describing the offence as heinous and attributing to the Petitioner the role of catching hold of the victim while the co-accused assaulted him. The Court recorded that the victim stood discharged from hospital and cross-examined before the Trial Court and that conclusion of the trial was likely to take some time. Observations expressly confined to deciding the bail application, without expression of opinion on merits.

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 4933/2025

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NIKET TIWARI .....Petitioner

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Through: Ms. Shabiesta Nabi, Mr. Aslam Ahmed, Mr. Abhishek Dwivedi, Ms. Latika Bajaj & Ms. Shaila Arora, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for State. ASI Rajendra Kotla Mubarakpur

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CORAM: HON'BLE MS. JUSTICE MADHU JAIN

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O R D E R

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% 07.07.2026

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This hearing has been done through hybrid mode.

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2. The present bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’ ) seeking grant of regular bail in FIR No. 183/2025 , registered at Police Station Kotla Mubarakpur, for the offences punishable under Section 109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’ ).

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Learned counsel for the Petitioner submits that the complainant and the injured have already been examined and, out of the total 20 prosecution witnesses, only two witnesses have been examined so far. He further submits that the Petitioner is not named in the FIR and has been in judicial custody for more than one year.

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Learned APP for the State submits that the offence is quite heinous and,

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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 08/07/2026 at 11:39:27

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therefore, the Petitioner is not entitled to the grant of bail. He further submits that the role attributed to the present Petitioner is that he had caught hold of the victim while the other co-accused assaulted him.

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Learned counsel for the Petitioner submits that the Petitioner has no previous criminal antecedents.

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The victim has already been discharged from the hospital and has also been cross-examined before the learned Trial Court. The conclusion of the trial is likely to take some time.

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7. In the facts and circumstances of the case, the Applicant is directed to be released on bail on furnishing a bail bond of Rs. 25,000/- with one surety of the like amount, to the satisfaction of the learned Trial Court, subject to the following conditions:

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i. The applicant shall not leave India without prior permission of the learned Trial Court.

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ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.

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iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.

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iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times.

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v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.

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Needless to state, nothing observed herein shall be construed as an expression of opinion on the merits of the case, and the observations made are only for the purpose of deciding the present bail application.

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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 08/07/2026 at 11:39:27

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Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.

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Accordingly, the present application stands allowed and disposed of. Pending application(s), if any, also stand disposed of.

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Order be uploaded on the website of this court forthwith .

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MADHU JAIN, J.

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JULY 7, 2026/b/m

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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 08/07/2026 at 11:39:27

Niket Tiwari v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Niket Tiwari v. State 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

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