ASHWANI KHATRI vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 25.04.2025 + BAIL APPLN. 264/2025 ASHWANI KHATRI .....Petitioner Through: Mr. Pardeep Khatri & Mr. Pranjal Kr. Bhaskar, Advs. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Satish Kumar, APP for State. SI Ajit Ranga PS Hari Nagar. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J. (ORAL) 1. By way of the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) the petitioner seeks grant of regular bail in FIR no. 269 of 2022 dated 12.03.2022 registered for offences under 308/323/34 of the Indian Penal Code, 1860 (IPC) at Police Station Hari Nagar, Delhi. 2. It is the case of the prosecution that the present case was registered on the basis of a statement made by the complainant, Rahul @ Sunny. In his statement, the complainant has stated that he is presently lodged in Jail No. 4, Ward No. 7, Barrack No. 2 of Tihar Jail, along with his brother Rahul @ Khatte and one Ramniwas, another inmate. It was alleged that on 23.02.2022, a verbal altercation Signature Not Verified Digitally Signed By:NEELAM BAIL APPLN. 264/2025 Page 1 of 7 Signing Date:25.04.2025 20:07:47 took place between Ramniwas and another inmate, Rupender @ Nanhe, arising out of a minor issue. At that time Rupender is stated to have issued threats of dire consequences to Ramniwas. On the following day, i.e., 24.02.2022, Rupender, along with another inmate, Arjun, called them and again threatened them, stating that they have supremacy within the jail premises and that the petitioner and Ramniwas have to follow their command. Upon their objection to this, Rupender, along with his associates, namely, Abhishek @ Banti, Arjun @ Majboori and Rajiv, started assaulting them, using fists and sticks