Delhi High Court – Orders
Harun vs The State Nct Of Delhi on 24 July, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2329/2025
HARUN .....Petitioner
Through: Mr. Ayaz Ahmed, Advocate.
versus
THE STATE NCT OF DELHI .....Respondent
Through: Mr. Mukesh Kumar, APP.
Inspector Kamal Yadav, ISC Crime
Branch, ND.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 24.07.2025
1. The present application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (formerly Section 439 of the Code of
Criminal Procedure, 1973) seeks regular bail in the proceedings arising from
FIR No. 242/2019 registered at P.S. New Friends Colony under Sections
143/147/148/149/186/353/332/308/427/435/323/341/120B/34 of the Indian
Penal Code, 1860 and Sections 3/4 of the Prevention of Damage to Public
Property Act, 1984.
2. The Applicant was earlier granted regular bail by the Sessions Court
through its order dated 18th February, 2020. However, due to subsequent
non-appearance before the Trial Court, non-bailable warrants were issued
against him, and further proceedings culminated in his being declared a
“proclaimed person” on 15th October, 2024. Despite this, the Applicant
BAIL APPLN. 2329/2025 Page 1 of 4
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voluntarily surrendered on 20th January, 2025 and has remained in custody
since that date. His subsequent bail application was dismissed by the
Sessions Court by order dated 16th May, 2025.
3. Counsel for the Applicant submits that the non-appearance was on
account of unavoidable circumstances and emphasizes that the Applicant has
demonstrated his intention to comply with the law by voluntarily
surrendering before the Trial Court.
4. The Court has considered the facts and the submissions advanced. It is
well established through catena of judgments by the Supreme Court that the
object of granting bail is neither punitive nor preventative. The primary aim
sought to be achieved by bail is to secure the attendance of the accused
person at the trial.1 In the present case, the Applicant was earlier released on
regular bail by the Sessions Court, and was taken into custody solely on
account of his non-appearance before the Trial Court. In this regard, counsel
for the Applicant has given an assurance to this Court that there shall be no
further default in appearance before the Trial Court, and that the Applicant
shall cooperate fully in the proceedings.
5. Furthermore, as per the latest nominal roll on record, the Applicant
has been in custody for 7 months and 1 day as on 07th July, 2025. In totality
of the foregoing facts and circumstances, and having regard to the assurance
given on behalf of the Applicant, this Court is inclined to allow the
application.
6. The Applicant is, therefore, directed to be released on bail on
furnishing a personal bond for a sum of ₹25,000/- with one surety of the like
1
See also: Sanjay Chandra v. CBI, (2012) 1 SCC 40; Satender Kumar Antil v. Central Bureau of
Investigation, (2022) 10 SCC 51.
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amount, subject to the satisfaction of the Trial Court/Duty MM, on the
following conditions:
a. The Applicant shall cooperate in any further investigation as and
when directed by the concerned IO;
b. The Applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case or
tamper with the evidence of the case, in any manner whatsoever;
c. The Applicant shall, under no circumstance, leave the country without
the permission of the Trial Court;
d. The Applicant shall appear before the Trial Court as and when
directed;
e. The Applicant shall provide the address where he would be residing
after his release and shall not change the address without informing the
concerned IO/ SHO;
f. The Applicant shall, upon his release, give his mobile number to the
concerned IO/SHO and shall keep his mobile phone switched on at all times.
g. The Applicant shall report to the concerned PS on first, second and
fourth Friday of every month;
7. In the event of there being any FIR/DD entry / complaint lodged
against the Applicant, it would be open to the State to seek redressal by
filing an application seeking cancellation of bail.
8. It is clarified that any observations made in the present order are for
the purpose of deciding the present bail application and should not influence
the outcome of the trial and also not be taken as an expression of opinion on
the merits of the case.
BAIL APPLN. 2329/2025 Page 3 of 4
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9. The bail application is allowed in the afore-mentioned terms.
SANJEEV NARULA, J
JULY 24, 2025
as
BAIL APPLN. 2329/2025 Page 4 of 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 24/07/2025 at 22:38:05