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Delhi High Court – Orders
Jatin vs State Nct Of Delhi on 16 April, 2025
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1019/2025
JATIN .....Petitioner
Through: Ms. Sunita Arora, Advocate
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Naresh Kumar Chahar, APP for
the State with SI Arun Kumar, P.S.
Prem Nagar, Delhi
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 16.04.2025
1. By way of the present application, the applicant seeks grant of regular
bail in case arising out of FIR bearing no. 663/2023, registered at Police
Station Prem Nagar, Delhi, initially for the offence punishable under
Sections 324/34 of the Indian Penal Code, 1860 (hereafter ‘IPC‘) and later,
on under Section 307/34 of IPC.
2. The Status Report is not on record. However, a copy of the Status
Report has been handed over to this Court as well as to the learned counsel
for the applicant.
3. Briefly stated, the facts of the present case are that on 04.12.2023, a
PCR call vide DD No. 116A was received at Police Station Prem Nagar,
Delhi, regarding a quarrel and stabbing incident that had taken place at Budh
Bazar Road, Prem Nagar-3, Delhi. A team of police officials had reached the
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 16/04/2025 at 22:01:19
place of incident, where it was revealed that the injured person had already
been taken to Sanjay Gandhi Hospital, Mangolpuri, Delhi. Upon reaching
the hospital, the statement of Zishan, i.e. the injured person, was recorded.
He stated that on 04.12.2023, he along with his friends was present at a
confectionary shop and one person named Gulshan, alongwith his brother
and another friend, had arrived there. Thereafter, they had caught hold of
Zishan, and Gulshan’s brother i.e. the accused/applicant herein had attacked
Zishan on his face with a sharp edged weapon. Based on the aforesaid
statement, FIR no. 663/2023 under Section 324/34 of IPC was registered at
Police Station Prem Nagar, Delhi. Thereafter, investigation was carried out
and the statements of witnesses were recorded. On the basis of the same,
section 324 IPC was replaced with Section 307 of IPC and the present
accused/applicant was arrested.
4. The learned counsel appearing for the applicant argues that the
present accused/applicant has been falsely implicated in the case. She further
submits that charge sheet in the present case has already been filed and the
trial will take some time to conclude. Moreover, the present
accused/applicant has been in judicial custody since 06.12.2023 and no
useful purpose will be served by his further incarceration. She further
submits that the MLC No. 25484/23 of the victim in this case opines that the
injuries sustained by the victim were ‘simple’ in nature. The learned counsel
further states that the present accused/applicant has no criminal antecedents,
and therefore, she prays that the applicant be granted regular bail.
5. The learned APP for the State, on the other hand, opposes the present
bail application and argues that the weapon with which the present offence
was committed i.e. a metal blade was recovered at the instance of the present
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 16/04/2025 at 22:01:19
accused/applicant. He, however, does not dispute that the applicant herein
has no criminal antecedents.
6. This Court has heard arguments addressed by both the parties and has
perused the material on record.
7. This Court notes that as per the MLC placed on record, the injuries
sustained by the victim in the present case were opined as ‘simple’ in nature
and the victim was discharged from the hospital on the same day.
Furthermore, the present applicant/accused has been in judicial custody for
about 1 ½ years and yet prosecution witnesses are yet to be examined. There
are no criminal antecedents of the applicant herein.
8. Considering the overall facts and circumstance of the case, and the
fact that trial will take some time to conclude since the recoding of evidence
has yet not commenced, this Court is inclined to grant regular bail to the
applicant on his furnishing personal bond in the sum of Rs.15,000/- with one
surety of the like amount, subject to the satisfaction of the learned Trial
Court/Successor Court/Link Court/Duty Judge concerned on the following
terms and conditions:
i. The applicant shall not directly or indirectly contact the
victim or his family members and not to make an attempt
to influence the witnesses, or tamper with the evidence in
any manner.
ii. The applicant shall share his mobile number with the
concerned IO/SHO, and shall keep the same switch
on/active at all times.
iii. In case of change of residential address/contact details,
the applicant shall promptly inform the same to theThis 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 16/04/2025 at 22:01:20
concerned Court.
iv. The applicant shall appear regularly before the learned
Trial Court.
9. Accordingly, the present bail application stands allowed and is
disposed of.
10. It is, however, clarified that nothing expressed hereinabove shall
tantamount to an expression of opinion on merits of the case.
11. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J
APRIL 16, 2025/ns
Click here to check corrigendum, if any
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 16/04/2025 at 22:01:20
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