Delhi High Court – Orders
Mr. Sohil (In J.C.) vs The State (Govt. Of Nct Of Delhi) on 9 April, 2025
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 870/2025 MR. SOHIL (IN J.C.) .....Petitioner Through: Mr. M Hasibuddin, Advocate and petitioner-in-person (through VC). versus THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Manoj Pant, APP for State along with SI Banwari Lal, PS: Tigri. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA ORDER
% 09.04.2025
1. By way of the present application, the applicant is seeking grant of
regular bail, in case arising out of FIR No. 245/2024, registered at Police
Station Tigri, Delhi for the offences punishable under Section 307/34 of
Indian Penal Code, 1860 (hereafter ‘IPC‘).
2. Issue notice. Mr. Manoj Pant, learned APP accepts notice on behalf of
the State.
3. Brief facts of the case are that a PCR call (vide DD no. 64-A) was
received on 26.05.2024 at Police Station Tigri, Delhi, wherein it was
revealed that some boys had been quarrelling with each other and incident of
stabbing had also taken place. The informant/caller further informed that an
incident of murder had also taken place at the same spot, a few days back.
Thereafter, the police officials had reached the place of incident i.e., Sangam
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Vihar, Delhi wherein it was revealed that the injured, Lalit Kumar, had
already been taken to Batra Hospital by his brother, namely, Tushar Shahu.
A mobile phone was recovered from the place of incident and blood stains
were found. Eventually, the present FIR was registered.
4. The Status Report filed by the State is not on record, however, a copy
of the same has been handed over to this Court today.
5. The learned counsel appearing on behalf of the applicant argues that
the applicant has been falsely implicated in this case and is in judicial
custody for about eleven months and there is no previous involvement of the
present accused. It is also stated that the father of the victim has already
been partly examined before the learned Trial Court and it will take time to
examine all the witnesses. Therefore, it is prayed that the accused/applicant
be granted regular bail.
6. The learned APP appearing on behalf of the State, on the other hand,
argues that the injuries in this case are grievous in nature. However, it is not
disputed that there is no previous involvement of the present
accused/applicant. It is also not disputed that the applicant is about 19 years
of age.
7. This Court has heard arguments addressed by the learned counsel for
both the parties and has perused the material on record.
8. Considering the overall facts and circumstances of the case, the fact
that the applicant has been in judicial custody for about eleven months, and
is only about 19 years of age, and also that the trial will take some time to
conclude and there is no previous involvement of the present applicant in
any other criminal offence, 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
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surety of the like amount to the satisfaction of the Trial Court/Successor
Court/Link Court/Duty Judge concerned on the following terms and
conditions:
i) The applicant shall surrender his passport and not leave the
country without prior permission of the concerned Court.
ii) The applicant shall not directly or indirectly make an attempt to
influence the witnesses, or tamper with the evidence in any
manner.
iii) The applicant shall share his mobile number with the concerned
IO/SHO, and shall keep the same switch on/active at all times.
iv) In case of change of residential address/contact details, the
applicant shall promptly inform the same to the concerned Court.
v) The applicant shall appear regularly before the learned Trial
Court.
9. Accordingly, the present application stands disposed of.
10. Nothing expressed hereinabove shall tantamount to an expression of
opinion on the merits of the case.
11. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J
APRIL 09, 2025/vc
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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 12/04/2025 at 02:02:02