Delhi High Court – Orders
Amit Kumar vs State (Nct Of Delhi) & Anr on 4 May, 2026
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4646/2025
AMIT KUMAR ..... Applicant
Through: Mr. Akhilesh Kumar Meena,
Advocate
Versus
STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Ms. Meenakshi Dahiya, APP for the
State with Ms. Apoorva Khosla and
Ms. Divya Bakshi, Advocates
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 04.05.2026
1. By way of the present application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks
grant of regular bail in case arising out of FIR No.800/2023, dated
19.06.2023 registered at PS.: Burari, Delhi for commission of the offence
punishable under Sections 307/325/323/341/506/34 of the Indian Penal
Code, 1860 (IPC).
2. Succinctly put, as per FIR, the complainant alongwith others had
dinner at his residence, after which Rajan allegedly took Rs.8,000/-
belonging to him and fled. Later, Rajan’s brother Jhawar called the
complainant to a location for collecting the money. The complainant,
accompanied by Dev Kumar, went to the said location where they
encountered Rajan, Amit, Jhawar and Ganga (accused persons), who
instead of returning the money, allegedly began verbally abusing them and
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then physically attacked them with sticks. During the assault, Rajan
alleged to have struck Dev Kumar on his head, causing severe bleeding as
also attacked the complainant on his right arm, while the others joined in
the beating. Both victims were taken to the hospital for treatment. MLC
confirmed grievous injuries to Dev Kumar and simple injuries to the
complainant. In light of the aforesaid, the present FIR came to be
registered and all the four accused persons were arrested on 19.06.2023
and sent to judicial custody.
3. Learned counsel for the applicant primarily submits that the
applicant has been falsely implicated in the present FIR and there is
neither any direct recovery of any case property at the instance of the
applicant nor is there any CCTV footage of the alleged incident to prove
the involvement of applicant in the alleged offence. Lastly, he submits that
since out of seventeen (17) prosecution witnesses only eight (8) have been
examined till date and the applicant has been in judicial custody since
19.06.2023 i.e. almost three years as on date, conclusion of trial is likely
to take some time hence, the applicant deserves to be released on bail.
4. Per contra, learned APP for the State has handed over a copy of the
statement of PW1/ Harinder in compliance of the last order, which is taken
on record. Opposing the present application, the learned APP submits that
the applicant does not deserve to be released on bail as he is named in the
FIR and the allegations against him are grave and serious in nature for
offences under Sections 307/325/323/341/506/34 of the IPC wherein the
act is stated to have been committed by using a stick/ danda. The learned
APP further submits that PW1/ complainant herein has also supported the
case of the prosecution. Lastly, if the applicant is granted bail, there is a
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 06/05/2026 at 21:10:28
likelihood of him jumping bail and influencing/ intimidating the
complainant/ witnesses.
5. This Court has heard the learned counsels for the parties and
perused the materials on record.
6. Though this Court is mindful of the fact that the allegations levelled
against the applicant are grave and serious in nature, however, considering
that no recovery of any case property has been effected on his instance and
there exists no CCTV footage to support the case of the prosecution as
also since the applicant has been languishing in judicial custody since
19.06.2023 i.e. almost three years as on date, as also since out of the
seventeen (17) prosecution witnesses only eight (8) witnesses have been
examined till date, and the conclusion of trial is likely to take some time
and continued incarceration of the applicant is unwarranted whence
investigation in the matter is complete and material witnesses have been
examined, are relevant factors to be taken into consideration by this Court.
7. Moreover, in the evidence recorded before the learned Trial Court,
which needs to be looked into only whence there is something striking and
carries weight. The PW1/ complainant in his cross-examination dated
18.04.2026 has stated that “… …yeh baat sahi hain ki maine Court mein
bayan apne chacha ke dabav mein jhutha bayan diya tha… …”. It, thus,
prima facie raises a doubt in the mind of this Court qua the stand of the
complainant.
8. In view thereof, and taking a wholistic view of the circumstances
involved, this Court is inclined to grant regular bail to the applicant herein.
9. Accordingly, the applicant be released on regular bail in FIR
No.800/2023 dated 19.06.2023 registered at PS.: Burari, Delhi for
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 06/05/2026 at 21:10:28
commission of the offence punishable under Sections 307/325/323/341/
506/34 of the IPC subject to him furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) along with one surety of the
like amount by a family member/ friend having no criminal case pending
against him and subject to the satisfaction of the learned Trial Court, and
further subject to the following conditions:
a) Applicant shall not leave NCT of Delhi without prior
permission of the concerned Court and shall ordinarily reside at the
address as per TCR.
b) Applicant shall surrender his Passport, if any, to the IO within
three days of his release.
c) Applicant shall join and participate in the investigation as and
when called by the IO.
d) Applicant shall provide all his mobile numbers to the IO
concerned which shall be kept in working condition at all times.
e) Applicant shall not indulge in any criminal activity and shall
not contact any of the prosecution witnesses, or tamper with the
evidence of the case.
10. Accordingly, the present application is allowed and disposed of in
the aforesaid terms.
11. Needless to say, since the expression of opinion, if any, are for the
purposes of adjudicating the present application only, they shall have no
bearing on the overall merits/ trial involved.
SAURABH BANERJEE, J
MAY 4, 2026/rr/DA
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 06/05/2026 at 21:10:28
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