MOHD NASIM vs THE STATE NCT OF DELHI

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21.03.2025 ,,,,,,,,,, + BAIL APPLN. 944/2025 MOHD NASIM .....Petitioner Through: Mr. Deepak Kohli, Adv. versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for the State. Insp Rizwan Khan, PS Amar Colony. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. 1. This is an application filed by the petitioner under Section 482, BNSS (Old Section 438 Cr. PC), seeking anticipatory bail in case FIR bearing No. 94/2024, under Section 302/114/34 IPC, registered with PS Amar Colony, Delhi. 2. Mr. Kohli, learned counsel for the petitioner submits that petitioner is not named in the FIR. There is no specific allegation against him in the FIR. Till date, no notice has been served upon the petitioner by the Investigating Officer nor any call was made to the petitioner on his phone by the IO. Investigation is complete and charge sheet has been filed against the other co-accused persons. Nothing incriminating has been found against the present petitioner. Charge Bail Appln. 944/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:24.03.2025 17:44:48 sheet does not even remotely connect the petitioner in the present FIR except showing that petitioner is an absconder without any basis. 3. It is further submitted that co-accused have since been enlarged on bail by the learned trial court. It has been submitted that petitioner, since the day of the alleged incident, is out and has never even tried to approach any of the witnesses, so much so, he was not even aware about his implication in the FIR in question. 4. The application has been opposed by the learned Public Prosecutor, submitting that there is sufficient evidence against the presen