AJAY @ REHTAL vs THE STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th February, 2025 + BAIL APPLN. 4661/2024 AJAY @ REHTAL .....Petitioner Through: Mr. Chetan and Ms. Deepika, Advocates versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for the State SI Sohan Lal, PS Tigri % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): 1. The present application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking grant of regular bail in FIR No. 311/2022 dated 04.08.2022 registered at Police Station (P.S.) Tigri for offence under Section 393/394/34 of the Indian Penal Code, 1860 (IPC). 2. The charge-sheet in the subject FIR has been filed under Sections 326/392/395/397/34 IPC and Sections 25/27 of the Arms Act, 1959. Brief Facts 3. It is the case of the prosecution in the status report that the one Avdesh Kumar i.e., the complainant/victim, lodged a complaint and informed the police officials that on the intervening night of 03.08.2022 and 04.08.2022, Signature Not Verified Digitally Signed By:MAHIMA SHARMA BAIL APPLN. 4661/2024 Page 1 of 9 Signing Date:01.03.2025 16:49:17 when the complainant/victim was going back home on his motorcycle, he was attacked by three (3) boys (hereinafter referred to as ‘accused’) with a knife. It is stated that after the incident, the complainant/victim was taken to AIIMS Trauma Centre Hospital and subsequently, the subject FIR was filed. 3.1. It is stated that during the investigation, the CCTV footage of the crime scene was checked and the search for the accused persons began on 05.08.2022. It is stated that during the search operation, accused-Ashish1