Mobin @ Kale v. State NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 39/2025 MOBIN @ KALE .....Petitioner Through:

Mr. Neil Mukherjee, Adv.

versus STATE NCT OF DELHI .....Respondent Through:

Mr. Sunil Kumar Gautam, APP with SI Suraj Chauhan, PS Amar Colony

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 11.03.2025 1.

This is a petition filed under section 483 of BNSS seeking grant of regular bail to the petitioner in FIR No. 146/2024, dated 15.05.2024, registered at PS Amar Colony under sections 307/34 of IPC, 1860. 2.

In the present case, the FIR was registered by the victim's brother, namely, Mohammad Akram, who stated that one person, namely, Danish had stabbed his brother/victim, Meharban, in the chest with a knife. The injuries sustained by the victim have been medically opined to be 'grievous' in nature. In his statement recorded under section 161 of the Code of Criminal Procedure, 1973, before the Investigating Officer, the victim stated that it was the petitioner who had caught hold of him and the same was done for the purpose of aiding Danish in punching and kicking the victim, which happened before the main accused, Sajid expressed his intention to kill the victim and thereafter, took out his knife and stabbed him. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:59

3.

The offence under section 307 IPC, 1860 is of a grave and serious nature as it involves an act done with the intent to cause death and entails punishment for life. In the present case, the allegations against the petitioner are serious, as the victim sustained grievous injuries after being stabbed in the chest. Further, the victim's statement under section 161 of Code of Criminal Procedure, 1973 implicates the petitioner, who allegedly restrained the victim while the main accused, Sajid, inflicted the stab wounds. 4.

As per the status report handed over in court today, two other FIRs are pending against the petitioner, which are currently pending trial.

Furthermore, the victim and the complainant, who is the victim's brother, are yet to be examined. Given these circumstances, the possibility that the petitioner may influence the witnesses by any means cannot be ruled out. 5.

For the said reasons, I am not inclined to entertain the petition and the same is therefore dismissed.

6.

The status report handed over in court today is taken on record. JASMEET SINGH, J MARCH 11, 2025/DM Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:59