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Delhi High Court – Orders
Amaar @ Amir vs State Govt. Of Nct Of Delhi on 17 April, 2025
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1016/2025
AMAAR @ AMIR .....Petitioner
Through: Mr. Vipul Sharma & Mr. M.K. Rizvi,
Advocates
Versus
STATE GOVT. OF NCT OF DELHI .....Respondent
Through: Mr. Yudhvir Singh Chauhan,
Additional Public Prosecutor for
Respondent-State with SI Deepak
Kumar
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 17.04.2025
1. The First Regular Bail Application under Section 483 of Bhartiya
Nagrik Suraksha Sanhita, 2023 has been filed by the Petitioner seeking bail
in FIR No.514/2018, under Sections 302/392/395/396/397/412/201 and 120
B IPC, registered at Police Station Jahangirpuri, Delhi.
2. The case of the Prosecution is that on 12.11.2018, a dead body and a
knife on the bed in a room was recovered from House No. 3/1215, First
Floor, Jahangir Puri, Delhi.
3. During the investigation, CCTV Footage of the house was analysed,
which showed three persons entering the house at around 06:45 AM and
leaving with a bag at about 07:04 AM. Those persons were identified as
Vishal @ Bunty, Rizwan @ Nesti and Riuzwan @ Sharukh.
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4. On the basis of the mobile location of accused Vishal @ Bunty, he
was arrested from Jharkhand on 15.11.2018. During further investigation,
Vishal @ Bunty confessed and disclosed that co-accused Rizwan @
Sharukh was informed by the Applicant that CCI-I, Compounder of Dr.
Mohd. Mukeem, has told him that next month marriage of Doctor’s daughter
Sofia is going to be solemnized for which the jewellery and money is kept in
the house. On the asking of Vishal @ Bunty, the Applicant showed him the
house and also told that the jewellery and cash is kept in the Almirah. The
Applicant also informed that Doctor’s daughter leave the house at 07:00 AM
for teaching and thereafter, the Doctor would be alone in the house.
5. On the day of the incident, when the daughter of the Doctor left for
the School, Vishal @ Bunty, Rizwan @ Nesti and Tizwan @ Sharukh
entered the house to commit robbery and in the process the Doctor woke up
and tried to stop the accused persons. When the Doctor tried to resist,
accused Rizwqan @ Sharukh caught hold of his neck and Rizan @ Nesti
held his legs and strangulated him to death. The accused persons distributed
the looted money amongst themselves and their family members. They were
arrested on 19.11.2018.
6. After completion of the investigation, Charge-Sheet for the offence
under Sections 302/392/395/397/412/201/120B IPC was filed against all the
accused persons. The case was committed to the Court of Sessions and
Charge was framed on 01.06.2022.
7. Learned Counsel for the Applicant has submitted that only one
witness has partly been examined out of 40 Prosecution witnesses and trial
is likely to take long time. The accused has been in judicial custody since
19.01.2018. A prayer is made for grant of bail.
2
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 17/04/2025 at 22:12:33
8. Learned Additional Public Prosecutor for Respondent-State has
placed before this Court Status Report dated 16.04.2025 wherein the role
assigned to the Petitioner is that he had conspired to commit robbery in the
house of Dr. Mukeen Ahmed and the three co-accused persons namely
Vishal @ Bunty, Rizwan @ Nesti and Tizwan @ Sharukh actually went to
commit the offence. While committing the robbery, since Dr. Mukeen
Ahmed resisted, he was killed by those three accused persons.
9. Essentially the role of the Applicant is that of the main Conspirator
for committing robbery wherein the murder of the victim was not the
scheme of their conspiracy.
10. The Applicant is in judicial custody since 2018 and only one
Prosecution witness has been partly examined out of 40 Prosecution
witnesses. The trial is likely to take long time. The Apex Court in State of
Rajasthan Vs. Balchand (1977) 4 SCC 308 famously held that the “basic
rule is bail and not jail, except where there are circumstances suggestive of
fleeing from justice…” Recently, the Apex Court in Arnab Manoranjan
Goswami Vs. State of Maharashtra (2020) 14 SCC 12 has reiterated the
principle that Bail is rule and jail is exception.
11. In the totality of circumstances of the present case, the Applicant is
admitted to Regular Bail, on the following conditions:-
a) The Applicant shall furnish a bail bond in the sum of
Rs.35,000/- and one surety of the like amount, subject to the
satisfaction of the learned Trial Court;
b) The Applicant shall appear before the Court as and when
the matter is taken up for hearing;
c) The Applicant shall provide mobile number to the IO
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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 17/04/2025 at 22:12:33
concerned which shall be kept in working condition;
d) The Applicant shall not indulge in any criminal activity
and shall not try to influence the witnesses or tamper with the
evidence;
e) In case of change of the residential address, the same
shall be intimated to this Court and in the Police Station, by the
Applicant.
12. A copy of this Order be communicated to the concerned Jail
Superintendent as well as to the learned Trial Court, for compliance.
13. The Bail Application is accordingly disposed of while making it clear
that observations made herein are only limited for the purpose of grant of
bail.
NEENA BANSAL KRISHNA, J
APRIL 17, 2025
r
4
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 17/04/2025 at 22:12:33
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