ARBAZ KHAN vs THE STATE (GOVT. OF NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 09.04.2025 Judgment pronounced on: 15.04.2025 + BAIL APPLN. 3820/2024 ARBAZ KHAN .....Petitioner Through: Mr. Siddhant Sharma and Mr. Prafull Bhardwaj, Advs. versus STATE OF NCT OF DELHI ..... Respondent Through: Mr. Tarang Srivastava, APP for State with SI Mahavir & Inspector Randhir Singh, P.S. DBG Road. Father of complainant-in- person. CORAM: HON’BLE MS. JUSTICE SHALINDER KAUR JUDGMENT SHALINDER KAUR, J. 1. The present application has been preferred under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS"), seeking grant of Regular Bail in FIR No. 945/2023 (hereinafter referred to as “subject FIR”), registered at the Police Station D.B.G. Road, for offences punishable under Sections 392, 394 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as, "IPC"). 2. As per the prosecution‟s case, on the evening of 05.11.2023, at approximately 8:00 p.m., while the complainant was returning to her Signature Not Verified Digitally Signed BAIL APPLN. 3820/2024 Page 1 of 4 By:NEELAM Signing Date:15.04.2025 17:28:20 home from her tuition, she was accosted by two individuals riding a black coloured Scooty, who snatched her mobile phone. The complainant, in an effort to retrieve her belonging, held on to the vehicle, resulting in her being dragged along the road for a certain distance. 3. It is stated that shortly thereafter, on encountering two police personnel stationed ahead, the petitioner, who was riding pillion on the Scooty, disembarked and fled the scene, while the co-accused, who was driving the vehicle, was apprehended with the assistance of members of the public. 4. The complainant sustained certain injuries in the course of the incident and was, thereaf