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High Court of DelhiBAIL APPLN./1553/2025

Pawan Mavi v. State, NCT Of Delhi

2025-04-23Hon'Ble Mr. Justice Amit Mahajan3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1553/2025 & CRL.M.A. 12175/2025 PAWAN MAVI .....Applicant Through:

Ms. Manisha Parmar, Mr.

Kapil Chaudhary, Mr.

Pradeep, Mr.

Shubham Jindal and Ms. Shreya Bhola, Advs.

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

Ms. Kiran Bairwa, APP for the State with SI Sandeep Kumar, PS MS Park.

Mr. Sacchin Puri and Mr.

Sanjeev Sagar, Senior Advocates with Mr. Kunal Malhotra, Mr. Ajay Verma and Mr. Harsh Vardhan, Advs. for the complainant.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 23.04.2025 1.

The present application is filed seeking pre-arrest bail in FIR No. 100/2025 dated 15.02.2025, registered at Police Station Mansarovar Park, for offences under Sections 110/115(2)/126(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

The FIR was registered on a compliant given by one of the injured victims namely Akshay Garg thereby alleging that around 10-12 people had mercilessly beaten the victims. 3.

Injuries caused to some of the victims are stated to be serious in nature. The incident of attack was also captured in CCTV footage, which as noted by the learned Court of Sessions, shows multiple accused persons attacking the victims in a brutal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

manner.

4.

Some of the victims and some of the accused persons are stated to be neighbours and appears to have entered into a scuffle over a parking issue.

5.

One of the accused persons is stated to have already been arrested and the other accused persons have not joined the investigation.

6.

Certain photographs have also been handed over in the Court showing the injuries caused to the victims. The same do not appear to be trivial or minor in nature.

7.

It is, however, pointed out that the applicant is a young man of about 26 years and is about to get married on 30.04.2025. 8.

The applicant has specifically been named in the FIR to be one of the assailants. However, considering the fact that the applicant is about to get married on 30.04.2025, and purely on humanitarian grounds, this Court considers it apposite to allow the present bail application with certain strict conditions, subject to the applicant joining and cooperating with the investigation. 9.

In view of the above, in the event of arrest, the applicant is directed to be released on bail on furnishing a personal bond for a sum of ₹20,000/- with two sureties of the like amount, subject to the satisfaction of the concerned SHO, on the following conditions:

a.

The applicant shall join and cooperate with the investigation, if required, as and when directed by the IO; b.

The applicant shall not leave the country without the prior permission of the learned Trial Court;

c.

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

with the facts of the case or tamper with the evidence of the case, in any manner whatsoever;

d.

The applicant shall appear before the learned Trial Court as and when directed;

e.

The applicant shall provide the address where he would be residing after his release and shall not change the address without informing the concerned IO/SHO;

f.

The applicant shall not reside within 5 kms radius of the locality where the injured victims reside;

g.

The applicant shall give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times.

10.

It is clarified that the observations made in the present order are only for the purpose of considering the present bail application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case.

11.

It is made clear that the present order shall not be taken as a precedent in regard to the bail applications that may be filed by the other accused persons.

12.

As noted above, the present order has been passed in the peculiar circumstances of this case, and purely on humanitarian grounds.

13.

In view of the above, the present bail application is allowed. Pending application(s) also stand disposed of. AMIT MAHAJAN, J APRIL 23, 2025 'KDK'

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