$~6 * 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 O R D E R % 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 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 07/05/2026 at 11:36:15 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. 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 07/05/2026 at 11:36:15 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. 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 07/05/2026 at 11:36:15 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 07/05/2026 at 11:36:15