BENI PRASAD YADAV vs STATE OF NCT OF DELHI

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:25th February, 2025 + BAIL APPLN. 4757/2024 BENI PRASAD YADAV S/o. Shiv Prasad Yadav Presently in Judicial Custody (In FIR no. 266/2017 registered at PS: Amar Colony .....Petitioner Through: Ms. Malvika Kulkarni, Advocate. Versus STATE OF NCT OF DELHI Through SHO PS: Amar Colony .....Respondent Through: Mr. Shoaib Haider, Additional Public Prosecutor for Respondent-State with Inspector Rizwan Khan, P.S.Amar Colony. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The Bail Application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’ hereinafter) and Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (‘B.N.S.S. 2023’ hereinafter), has been filed seeking grant of Regular bail in FIR No. 266/2017, under Sections 302/397/396/412/120B of the Indian Penal Code, 1860 (‘IPC’ hereinafter), registered at Police Station Amar Colony, New Delhi. Signature Not Verified Digitally Signed By:VIKAS ARORA BAIL APPLN. 4757/2024 Page 1 of 7 Signing Date:06.03.2025 18:03:31 2. It is submitted in the Application that FIR in question was registered 11.07.2017 and Charge-sheet was filed on 07.10.2017. Charges under Sections 392/395/396/397/120B IPC have been framed vide Order dated 15.12.2018 against the Applicant. There are total 55 witnesses (including those 03 supplementary Charge-sheets) out of which 03 witnesses have been dropped by the Prosecution. Only 31 witnesses have been examined till date, while the examination of remaining Prosecution witnesses is likely to take substantial amount of time. The Applicant is in Judicial Custody 03.12.2017 and there is no reason for his incarceration to be extended further. 3. It is submitted by the Applicant that a