Arun v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 242/2025 ARUN .....Petitioner Through:

Mr. Yashpal Jolly, Advocate versus STATE & ANR.

.....Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 13.02.2025 1.

The present bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023(hereafter 'BNSS') has been filed on behalf of the applicant/accused seeking grant of regular bail in case arising out of FIR bearing No. 162/2023, registered at Police Station Moti Nagar, Delhi for the offences punishable under Section 307/34 of the Indian Penal Code, 1860 (hereafter 'IPC').

2.

Brief facts of the present case are that upon receipt of a PCR call regarding a person being injured, the police had reached the spot and was informed that the injured had been taken to the hospital. The IO had recorded statement of the injured in the hospital, who had informed that at 10:30 PM he alongwith his friends Gaurav and Ishant were present at the spot, accused Arun had started quarrelling with him. Thereafter, the present accused had stabbed him with a knife. He had suffered stab injuries on his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

thigh and left arm. All the three accused persons had fled from the spot. A case under Section 307/34 of IPC was registered by the police. 3.

The learned counsel appearing on behalf of the applicant submits that applicant herein, has been falsely implicated in the present case. It is stated that the applicant has no connection with the alleged crime. It is stated that the other co-accused in the present case has already been granted bail by this Court in BailApplication no. 3807/2024 titled as Shivam vs. State of NCT ofDelhi. Further, the applicant and co-accused Shivam through their parents have already compromised the matter with complainant vide Settlement deed dated 24.08.2024. It is also pointed out that the applicant herein, is in JC for almost 20 months. Therefore, it is prayed that the applicant be granted bail.

4.

The learned APP appearing on behalf of the State has opposed the present bail application contending that the injuries sustained in this case are grievous in nature and therefore, the application be dismissed. 5.

This Court has heard arguments on behalf of both the parties and has perused the material available on record.

6.

The Court has been informed that a compromise was arrived at between the parties vide Settlement deed dated 24.08.2024 whereby, the parties have come to a compromise out their own will. 7.

This Court's attention has also been drawn to the order dated 09.12.2024 passed by the co-ordinate Bench of this Court, as per which the other co-accused Shivam was granted bail.

8.

This Court has also considered the fact that the petitioner herein has no previous involvement, has already been in judicial custody for about 20 months, the parties have arrived at a compromise with intervention of their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

families and is inclined to grant regular bail to the applicant on furnishing a personal bond in the sum of Rs.20,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions: i) The applicant shall not leave NCT of Delhi without prior permission of the concerned IO/SHO.

ii) The applicant shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner.

iii) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned Court.

9.

Accordingly, the present bail application stands disposed of. 10.

It is, however, clarified that nothing expressed herein above shall tantamount to an expression of opinion on merits of the case. 11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 13, 2025/ns 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.