$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3904/2024 VIVEK KUMAR THAKUR .....Petitioner Through: Mr. Vaibhav Sethi, Ms. Priya Pathania and Ms. Roma Bedi, Advocates versus THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Manoj Pant, APP for the State with SI Suresh Bhatia, P.S. Timarpur CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA O R D E R % 17.01.2025 1. The instant application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’) has been filed on behalf of the applicant seeking grant of regular bail in FIR No. 102/2023, registered at Police Station Timarpur, Delhi for offences punishable under Sections 307/34 of Indian Penal Code, 1860 (hereafter ‘IPC’) and Sections 25/27 of Arms Act, 1959. 2. Briefly stated, the present case was registered on the statement of Sagar, a resident of Bhiwani (Haryana), aged 22 years, on 01.02.2023. Sagar reported that when he, along with the injured Avtar, had gone to ask the accused persons to stop abusing and making noise in the street, Avtar was shot in the abdominal region by one of the accused. After the incident, the 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 24/01/2025 at 16:18:42 accused persons had fled the spot. During the investigation, one of the accused, i.e. present applicant Vivek Kumar Thakur, a resident of Gopalpur, Delhi, was arrested, who had allegedly, with the help of his associates, committed the offence in question. The victim, Avtar, had been initially admitted to Trauma Centre, Civil Lines, Delhi, and later shifted to Sunflag Global Hospital, Rohtak, where he had remained hospitalized for over a month. The victim was left paralyzed in one leg due to the bullet being lodged in his spinal column. Two motorcycles, Hero Splendor and Honda Dream Yuva, used in the offence were recovered at applicant’s instance. He had also disclosed the names of two associates, Sunny (Rahul @ Sandeep) and Rohan. Sunny was declared a proclaimed offender, and proceedings under Section 82 of Cr.P.C. were initiated against Rohan. Subsequently, both of them were arrested, and a semi-automatic pistol used in the offence was recovered at Rohan’s instance. Additionally, a CCL was also apprehended. A supplementary charge-sheet was filed after the completion of the investigation. 3. The learned counsel appearing on behalf of the applicant argues that the applicant is in judicial custody for almost two years i.e. since 01.02.2023. It is contended that the complainant and material witnesses have already been examined before the learned Trial Court, and the applicant was not in possession of the firearm. It is further argued that the applicant had been granted interim bail by the learned Trial Court for one week vide order dated 13.06.2023, and he had complied with the conditions and surrendered on time. Therefore, it is prayed that bail be granted to the applicant. 4. Per contra, the learned APP for the State argues that the allegations against the applicant are grave in nature, and the witnesses have already 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 24/01/2025 at 16:18:42 deposed against the applicant. It is also contended that the victim in this case was seriously injured. Therefore, it is prayed that the present bail application be dismissed. 5. This Court has heard arguments addressed on behalf of both the parties and have perused the material placed on record. 6. It is not disputed that the complainant and the victim have already deposed against the present accused/applicant and the trial was proceeding against him when the co-accused(s) who had been declared proclaimed offenders had been arrested and after filing the supplementary chargesheet, the case is now again listed for hearing arguments on charge qua them. 7. Considering the overall facts and circumstances of the case, the period of custody undergone by the applicant, and the fact that all the material witnesses stand examined before the learned Trial Court, this Court is inclined to grant regular bail to applicant/accused on his furnishing personal bond in the sum of Rs. 15,000/- with one surety bond of the like amount, subject to the satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms & conditions: i) The applicant/accused shall not leave the country without prior permission of the concerned Court. ii) In case of change of residential address/contract details and phone number, the applicant/accused shall promptly inform the same to the concerned Trial Court. iii) The applicant/accused will not absent himself before the learned Trial Court; iv) In case of any emergency, the applicant will ensure that he will move appropriate application before the learned Trial Court in 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 24/01/2025 at 16:18:42 case he cannot appear. 8. Accordingly, the present bail application stands disposed of. 9. Nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case. 10. The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 17, 2025/ns Click here to check corrigendum, if any 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 24/01/2025 at 16:18:42