Regular bail application in a violent group assault case where key witnesses turned hostile but CCTV footage allegedly identifies the applicant by his heavy build carrying a danda; also involved in another serious FIR. Bail declined.
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STATE (GOVT. OF NCT OF DELHI) THROUGH SHO, P.S. RANHOLA .....Respondent Through: Mr. Satish Kumar, APP for State
% 13.07.2026 1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the applicant seeks regular bail in FIR No.491/2025 registered at PS.: Ranhola, Delhi under Sections 109(1)/191(2)/191(3)/190/3(5) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ) and Sections 25/27 of the Arms Act, 1959.
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cannot be identified from the alleged CCTV footage as the person alleged therein has covered his face with a white gamchha ; (iii) the alleged incident occurred due to a sudden fight without premeditation on either side; (iv) the brother of the complainant ( PW5 ) who identified the applicant has turned hostile and denied any such identification in his evidence; (v) the complainant and other eye witnesses in their evidence have altogether denied the occurrence of the incident; (vi) the applicant is under incarceration for around 11 months and all the material witnesses have already been examined leaving aside only the formal witnesses; (vii) and lastly two of the co-accused have already been granted bail.
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happening of the alleged incident and the applicant can be identified therefrom on the basis of his distinguishable heavy build, wherein he can be seen carrying a ‘ danda’ , the same creates a doubt in the mind of this Court as it gives rise to some suspicion. It is also strange that the complaint and arrest memo of the present applicant bears signature of the complainant- PW1 and one of the eye-witnesses- PW5 as well . In view thereof, there is indeed something more than what meets the eye.
SAURABH BANERJEE, J
JULY 13, 2026/ bh
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1 issue framed by the court
Whether the applicant was entitled to regular bail given hostile witnesses, CCTV footage evidence, prior incarceration and his alleged involvement in another FIR.
Colour shows how this judgement treated each authority
Satish Jaggi vs. State of Chattisgarh & Ors.Relied on¶8
Satish Jaggi vs. State of Chattisgarh & Ors. : 2007 (11) SCC 195 · Who else cites this
5 provisions across 5 enactments
Sazid Khan @ Malik Kabadi
State (Govt. of NCT of Delhi) through SHO, P.S. Ranhola
Saurabh Banerjee
As recorded by the court registry
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