BAIL APPLN. 3226/2026 1 $~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010366282026 + BAIL APPLN. 3226/2026 AARIF @ BIHARI .....Petitioner Through: Mr. Saddam Hussain, Advocate (through V.C.) versus STATE OF NCT DELHI .....Respondent Through: Mr. Sunil Kumar Gautam, APP for the State with SI Mohit Pahal, SI Deepak Lathwal, PS Narela Industrial Area. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 11.08.2026 CRL.M.A. 24248/2026 (exemption) Exemption allowed subject to all just exceptions. BAIL APPLN. 3226/2026 1. Applicant seeks regular bail in case arising out of FIR No.719/2023 dated 12.08.2023, registered at P.S. Narela Industrial Area, for commission of offences under Sections 452/307/34 IPC and Section 27 of Arms Act, 1959. 2. Briefly stated, the case of prosecution is to the effect that accused persons, numbering in four, jumped over a wall and entered into a residential complex. The security guard (complainant Rohtash) was on duty at the abovesaid residential complex and in order to apprehend the accused persons, one of the boys i.e. Aarif (applicant herein) exhorted to shoot quickly, else they would be caught. Aarif (applicant herein) was holding a firearm and fired 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 13/08/2026 at 11:00:00 BAIL APPLN. 3226/2026 2 at such security guard. He was hit on his right hand, resulting in his instant collapse. All the four accused persons were able to flee away from the scene. The injured was rushed to the hospital where he, eventually, recovered. All the accused persons were apprehended during the investigation and when judicial TIP was got conducted, they all were also indentified. Besides complainant Rohtash, there are three other eye-witnesses. 3. Charges have already been framed. 4. Earlier also, the applicant had prayed for grant of bail but his such application was dismissed by this Court on 03.12.2025 as by that time, no witness had been examined. 5. There is much development thereafter, as two material eye-witnesses, including the complainant, have already entered into witness box. They both have, unfortunately, not supported the case of prosecution as they both have not identified any of the accused persons. 6. The testimony of complainant Rohtash (PW1) and eye-witness Pintu (PW2) is on record, which, clearly, indicates that they failed to identify any of the accused persons. 7. The other accused persons are already on bail. 8. The Nominal Roll of the applicant has been requisitioned which indicates that his incarceration period is close to three years. 9. Keeping in mind the overall facts of the case, albeit, without expressing any opinion over the merits of the case, the applicant is, hereby, directed to be released on bail on his furnishing personal bond in a sum of Rs.25,000/- with one surety of like amount, subject to the satisfaction of learned Trial Court/CMM/Duty Magistrate with the following conditions:- a) Surety would be local. 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 13/08/2026 at 11:00:00 BAIL APPLN. 3226/2026 3 b) Applicant shall appear before the learned Trial Court regularly on date(s) fixed. c) The applicant/accused shall provide his mobile number to the investigating officer and shall keep the same operational all the time, till the disposal of the case. 10. The application stands disposed of in aforesaid terms. 11. A copy of this order be sent to the learned Trial Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J AUGUST 11, 2026 st/sa 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 13/08/2026 at 11:00:00