Safiulla v. State Of NCT Of Delhi

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 137/2026 SAFIULLA .....Petitioner Through:

Mr. Rahul Kushwaha, Mr. Subhasish Bhowmick, Ms. Manisha Pandey, Ms.

Megha Sharma, Mr. Ashutosh Singh Mr. Sohit Bhardwaj, Mr. Anshu Kumar Mishra and Mr. Suraj Kumar, Advocates versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Manoj Pant, APP for the State with SI Udit Sharma

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 17.03.2026 1.

By way of the present application, the applicant seeks grant of regular bail in case arising out of FIR bearing No. 194/2025, registered at Police Station Ranhola, Delhi for the commission of offences punishable under Sections 118(2)/126(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereafter 'BNS').

2.

Briefly stated, facts of the present case are that on 13.03.2025, on receipt of GD No. 77A, the Investigating Officer had reached Mata Roop Rani Maggo Hospital, Om Vihar, Uttam Nagar, Delhi, where injured complainant Salman Khan, aged about 18 years, was found admitted vide MLC No. 2330/25. The attending doctor had declared the injuries sustained The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by him as grievous in nature and recorded a history of physical assault by unknown persons, using a knife. During the course of investigation, the statement of the injured complainant was recorded, wherein he named the co-accused Mohd. Salamuddin @ Salamu as the assailant who had inflicted multiple knife blows upon him with the assistance of co-accused Gulab and the present applicant/accused Safiulla. The present applicant/accused Safiulla came to be arrested thereafter. Initially treated as a Child in Conflict with Law, the applicant was later declared an adult pursuant to age verification from school records was accordingly remanded to judicial custody. The co-accused Mohd. Salamuddin @ Salamu was arrested on 01.04.2025 from Loni, Ghaziabad Uttar Pradesh.

Upon completion of investigation, charge-sheet was filed before the concerned Court, and thereafter, a supplementary charge-sheet was filed on receipt of the FSL report. The co-accused Mohd. Salamuddin @ Salamu has been chargesheeted for commission of offence under Sections 118(2)/126(2)/3(5) of the BNS and Sections 25/27 of the Arms Act, while co-accused Gulab and the present applicant/accused Safiulla have been charge-sheeted for commission of offence under Sections 118(2)/126(2)/3(5) of the BNS. 3.

The learned counsel appearing for the present accused/applicant argues that the applicant has been falsely implicated in the present case, and he has been in judicial custody for about one year. It is contended that no prima facie case is made out against the applicant, as there is no evidence on record to suggest that the applicant has committed the alleged offence. It is also stated that the co-accused Mohd. Salamuddin @ Salamu has also been granted regular bail by this Court. Therefore, it is prayed that accused/applicant be granted regular bail.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The learned APP for the State, on the other hand, opposes the present bail application and argues that allegations against the accused are serious in nature, and if released, the applicant herein may extend threats to the prosecution witnesses. Thus, it is prayed that the present application be dismissed.

5.

This Court has heard arguments addressed by the learned counsel appearing for the applicant as well as the State and has perused the material on record.

6.

It is not in dispute that the applicant is aged about 19 years, and has no criminal antecedents. Though the allegations are serious in nature, the applicant has already remained in judicial custody for about one year. The trial is at an initial stage as prosecution witnesses are yet to be examined, and thus, trial will take time to conclude.

7.

While granting the bail to the co-accused Mohd. Salamuddin @ Salamu vide order dated 09.02.2026 passed by this Court, this Court had observed as under:

<6. This Court notes that the applicant/accused has been in judicial custody for a period exceeding eight months. The investigation, insofar as the recovery and forensic opinion regarding the alleged weapon is concerned, reveals that the Forensic Medicine Department of DDU Hospital, upon examination of the alleged recovered weapon on the request of the Investigating Officer, opined on 08.04.2025 that, as per the history recorded in MLC No. 2330/2025, injury on both thighs was not consistent with a knife. Further, at the time of collection of blood samples on 16.03.2025, the doctors of DDU Hospital recorded that the injuries were old in nature and that there was no fresh external injury, and no further opinion was rendered linking the alleged weapon with the injuries.= 8.

Considering the overall facts and circumstances of the present case, including the period of custody already undergone by the applicant, the fact that main accused has already been granted the bail and for reasons The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

mentioned above, this Court is inclined to grant regular bail to the applicant on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions: i) The applicant shall not leave the country without prior permission of the concerned Court and if he has passport, he shall surrender the same to the concerned trial court. ii) The applicant shall share his contact details (mobile numbers and residential address) with the IO/SHO and the Trial Court; and in case of any change in the said details, the applicant shall promptly inform the same to the concerned Court and the concerned IO/SHO.

iii) The applicant shall appear before the Trial Court on every date of hearing unless exempted;

iv) The applicant shall not indulge in any criminal activity; v) The applicant shall not communicate with, or come into contact with the complainant or any of the prosecution witnesses, or tamper with the evidence of the case. 9.

The bail applications is accordingly disposed of. 10.

Nothing expressed hereinabove shall tantamount to an expression of opinion on the merits of the case.

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MARCH 17, 2026/rr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.