Delhi High Court – Orders
Himanshu@ Sonu vs State Of Nct Of Delhi on 2 April, 2026
Author: Prateek Jalan
Bench: Prateek Jalan
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4277/2025
HIMANSHU@ SONU .....Applicant
Through: Mr. Siddharth Kapoor, Mr.
Hitkamini Gupta, Advocates.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Yudhvir Singh Chauhan, APP.
SI Mohit Singh.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 02.04.2026
1. By way of this application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of regular bail
in connection with FIR No. 565/2024 dated 28.08.2024, registered at
Police Station Burari, District North, Delhi, under Sections
310(2)/311/61(2) of the Bharatiya Nyaya Sanhita, 2023 [“BNS”] and
Sections 25/27 of the Arms Act, 1959.
2. I have heard Mr. Siddharth Kapoor, learned counsel for the
applicant, and Mr. Yudhvir Singh Chauhan, learned Additional Public
Prosecutor for the State. Mr. Chauhan has handed over a status report,
which is taken on record.
3. By order dated 11.11.2025, the Investigating Officer [“IO”] was
directed to inform the complainant/victim that he is entitled to be heard in
the present proceedings. Mr. Chauhan, on instructions from the IO,
submits that, pursuant to the said order, the victim was duly informed
about the pendency of the present proceedings. The victim, however,
remains unrepresented today.
BAIL APPLN. 4277/2025 Page 1 of 5
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4. The FIR was registered on the basis of a complaint alleging that, on
27.08.2024 at around 9:00 PM, the complainant and his friends were
present near a kirana store at Pearl Apartment, Shanti Devi Wali Gali,
Labour Chowk, Burari, Delhi. At that time, five persons arrived on two
motorcycles, out of whom four approached the complainant and his
friends and assaulted the complainant and one of his friends. A physical
altercation ensued, during the course of which one of the accused
brandished a pistol, pointed it at the complainant’s head, and fired.
Another accused pointed a knife at one of the complainant’s friends. It is
further alleged that five mobile phones and a wallet were stolen from the
complainant and his friends before the accused fled from the spot.
5. Four persons have been arrested in connection with the aforesaid
FIR, including the applicant, a Child in Conflict with Law [“CCL”], and
two others. One of them – Shiv @ Prasant @ Rishabh, who is the brother
of the present applicant – has been released on bail, by order dated
20.12.2024 passed by the learned Sessions Court.
6. It is also stated in the status report that the accused were arrested
on the basis of CCTV footage, in which a motorcycle bearing registration
No. DL12SF5843 was identified. It is further stated that a Test
Identification Parade [“TIP”] of the applicant and the co-accused
Sunny@Vishnu was conducted in Tihar Jail and Mandoli Jail, in which
Sunny@Vishnu was identified by two of the victims.
7. Mr. Kapoor submits that the applicant was arrested on 04.09.2024
and has remained in judicial custody for a period of about one year and
seven months. As regards the proceedings before the learned Trial Court,
Mr. Kapoor states that charges are yet to be framed. He has handed over
BAIL APPLN. 4277/2025 Page 2 of 5
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to the Court a printout from the e-Courts website, which is taken on
record. It reflects that the matter has been at the stage of arguments on
charge since 10.12.2024. I am further informed that the next date of
hearing for the said purpose is 28.04.2026. Mr. Kapoor submits that there
is no material whatsoever to link the applicant with the present offence,
as the applicant has not been identified in the TIP and is also not
identifiable in the CCTV footage.
8. Mr. Chauhan, however, submits that, having regard to the gravity
of the offence and the stage of the proceedings, the appropriate course
would be to expedite the trial, rather than release the applicant on bail.
Mr. Chauhan has also referred to one other criminal involvement of the
applicant in FIR No. 491/2023 registered at Police Station Jahangirpuri,
under Sections 146/147/148/149/307/120B of the IPC and Section 25 of
the Arms Act, 1959.
9. Mr. Kapoor, on instructions from the family members of the
applicant, submits that the applicant is on bail in connection with the
aforesaid FIR.
10. Having heard learned counsel for the parties, I am of the view that
this is a fit case for grant of bail to the applicant. The applicant was not
identified in TIP proceedings. As regards the CCTV footage, although its
appreciation is a matter for trial, at this stage even the Investigating
Officer is not able to clearly identify the accused. Although the accused
have been charged with offences under Sections 310 and 311 of the BNS,
which are punishable with life imprisonment, Section 310 requires the
involvement of five or more persons, whereas in the present case only
four persons have been named in the chargesheet. The applicant has
BAIL APPLN. 4277/2025 Page 3 of 5
This is a digitally signed order.
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already been in custody for a period of over one year and seven months.
While the proceedings have remained at the stage of charge since
10.12.2024, the possibility of an early conclusion of the trial also appears
remote.
11. As far as the other criminal involvement of the applicant is
concerned, in Prabhakar Tewari v. State of Uttar Pradesh and Anr.
[(2020) 11 SCC 648], the Supreme Court held that prior involvements do
not, by themselves, necessarily require that bail be denied to an accused.
Having regard to the stage of proceedings in the present case and the
prima facie material on record, I do not consider it appropriate to further
deprive the applicant of his liberty on this ground.
12. In these circumstances, it is directed that the applicant be released
on bail in connection with FIR No. 565/2024 dated 28.08.2024 registered
at Police Station Burari, District North, under Sections 310(2)/311/61(2)
of the BNS and Sections 25/27 of the Arms Act, 1959, subject to
furnishing of a personal bond in the sum of Rs.20,000/-, with one surety
in the like amount, to the satisfaction of the concerned Trial Court/Duty
Metropolitan Magistrate, and subject to the following further conditions:
a. The applicant shall appear before the Sessions Court on each and
every date of hearing;
b. The applicant shall furnish his permanent address to the concerned
IO/Station House Officer [“SHO”], as well as the address at which
he is residing during the pendency of the case, and shall, in the
event of any change in his residential address, promptly intimate
the IO/SHO and file an affidavit before the Sessions Court;
BAIL APPLN. 4277/2025 Page 4 of 5
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c. The applicant shall provide his mobile number to the concerned
IO/SHO, which shall be kept in working condition at all times. The
mobile number shall not be switched off or changed without prior
intimation to the IO during the pendency of the trial;
d. The applicant shall not, directly or indirectly, contact, visit, or offer
any inducement, threat, or promise to any prosecution witnesses or
other persons acquainted with the facts of the case;
e. The applicant shall not, directly or indirectly, tamper with evidence
or engage in any act or omission that could prejudice the
proceedings of the pending trial;
f. The applicant shall not leave the country without prior permission
of the Sessions Court;
g. The applicant shall not commit any offence during the period of his
release.
13. The bail application is disposed of in terms of the above.
14. It is clarified that the observations made in the present order are
solely for the purpose of adjudication of the present bail application, and
shall not be construed as an expression of opinion on the merits of the
case, nor shall they prejudice the rights and contentions of the parties at
any stage of the proceedings.
15. A copy of this order be sent to the concerned Jail Superintendent
electronically for information and necessary compliance.
PRATEEK JALAN, J
APRIL 2, 2026
SS/JM/
BAIL APPLN. 4277/2025 Page 5 of 5
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 02/04/2026 at 21:56:05