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2025 DAILYLAW 5165 (DEL)

NIKET TIWARI v. STATE OF NCT OF DELHI

BAIL APPLN./4933/2025 · 2026-07-07

Madhu Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4933/2025 NIKET TIWARI .....Petitioner Through: Ms. Shabiesta Nabi, Mr. Aslam Ahmed, Mr. Abhishek Dwivedi, Ms. Latika Bajaj & Ms. Shaila Arora, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for State. ASI Rajendra Kotla Mubarakpur CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.07.2026 1. This hearing has been done through hybrid mode. 2. The present bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) seeking grant of regular bail in FIR No. 183/2025, registered at Police Station Kotla Mubarakpur, for the offences punishable under Section 109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’). 3. Learned counsel for the Petitioner submits that the complainant and the injured have already been examined and, out of the total 20 prosecution witnesses, only two witnesses have been examined so far. He further submits that the Petitioner is not named in the FIR and has been in judicial custody for more than one year. 4. Learned APP for the State submits that the offence is quite heinous 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 08/07/2026 at 11:39:27 therefore, the Petitioner is not entitled to the grant of bail. He further submits that the role attributed to the present Petitioner is that he had caught hold of the victim while the other co-accused assaulted him. 5. Learned counsel for the Petitioner submits that the Petitioner has no previous criminal antecedents. 6. The victim has already been discharged from the hospital and has also been cross-examined before the learned Trial Court. The conclusion of the trial is likely to take some time. 7. In the facts and circumstances of the case, the Applicant is directed to be released on bail on furnishing a bail bond of Rs. 25,000/- with one surety of the like amount, to the satisfaction of the learned Trial Court, subject to the following conditions: i. The applicant shall not leave India without prior permission of the learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner. 8. Needless to state, nothing observed herein shall be construed as an expression of opinion on the merits of the case, and the observations made are only for the purpose of deciding the present bail application. 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 08/07/2026 at 11:39:27 9. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance. 10. Accordingly, the present application stands allowed and disposed of. Pending application(s), if any, also stand disposed of. 11. Order be uploaded on the website of this court forthwith. MADHU JAIN, J. JULY 7, 2026/b/m 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 08/07/2026 at 11:39:27