$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3955/2025 AARIF @ BIHARI .....Petitioner Through: Mr. Saddam Hussain, Adv. versus THE STATE OF NCT DELHI .....Respondent Through: Ms. Manjeet Arya, APP with SI Deepak Lathwal. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 03.12.2025 1. This is an application under Section 483 BNSS read with Section 439 Cr.P.C filed on behalf of the applicant Aarif @ Bihari in case FIR No. 719/2023, under Sections 307/452/34 IPC and Sections 25/27/54/59 of Arms Act registered as P.S.Narela Industrial Area. 2. Learned counsel who appears for the petitioner submits that the allegations made against the applicant/accused are false and baseless. It is stated that the complainant himself is a “history sheeter criminal” and is in judicial custody in case FIR No. 890/2023 under Sections 302/506/34 IPC, P.S.Narela Industrial Area. He further submits that investigation is complete and therefore, applicant is no more required for the purpose of investigation. 3. It is further stated that the other co-accused persons have since been enlarged on bail and the applicant is in custody since last more than two years. The applicant is ready to abide by any condition imposed by 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 05/12/2025 at 11:09:44 Court. 4. The bail application has been opposed by learned APP. She has argued on the lines of the status report and submits that the allegations are grave and serious in nature and therefore, the petitioner does not deserve the concession of grant of bail at this stage. 5. As per allegations, on the intervening night of 11/12.08.2023, the complainant and his associates Deepak, Govind and Pintu were performing security duty near the jungle behind Pocket-11, Sector-7, Narela. At about 2:30 AM while patrolling when they reached near the boundary wall adjacent to the jungle, they noticed four unknown boys jumping over the wall into Pocket 11. On being challenged, those boys fled and concealed themselves inside the nearby residential flats. 6. At about 4:00 AM, while searching for them, the complainant and his associates encountered the same four boys again. While they were attempting to apprehend them, one of the boys shouted “Aarif jaldi goli chalao nahi to pakde jayenge”. Upon such exhortation, the applicant/accused Aarif @ Bihari fired upon the complainant Rohtash with a fire arm. The bullet struck the complainant on his right arm. When associates of the complainant came to rescue, the assailants fled away. 7. As per the status report, the applicant has been duly identified in TIP by the complainant. Even though, the charge sheet has already been filed, the complainant and the other material witnesses are yet to be examined, the possibility that upon being released on bail, they may threaten or intimidate or influence the witnesses cannot be ruled out at this stage. 8. Hence keeping in view the totality of facts and circumstances, the nature gravity of allegations and the trial being at an initial stage, the Court 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 05/12/2025 at 11:09:44 is not inclined to grant bail to the applicant/accused. The application is therefore dismissed. RAVINDER DUDEJA, J DECEMBER 3, 2025/ib/ak 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 05/12/2025 at 11:09:44