Naresh@Nain v. State (NCT Of Delhi)
$~14, 15, 17 & 18 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1640/2025 & CRL.M.A. 12977/2025 NARESH@NAIN .....Petitioner Through:
Mr.
Suraj Prakash & Mr. Mayank Chauhan, Advs.
versus STATE (NCT OF DELHI) .....Respondent Through:
Mr. Ajay Vikram Singh, APP for the State Inspector Kailash Chand, PS- Tilak Nagar + BAIL APPLN. 1676/2025 & CRL.M.A. 13285/2025 RAMESH .....Petitioner Through:
Mr.
Suraj Prakash & Mr. Mayank Chauhan, Advs.
versus STATE (NCT OF DELHI) .....Respondent Through:
Mr. Ajay Vikram Singh, APP for the State Inspector Kailash Chand, PS- Tilak Nagar + BAIL APPLN. 1776/2025 TASLEEM@AYAN .....Petitioner Through:
Mr.
Suraj Prakash & Mr. Mayank Chauhan, Advs.
versus THE STATE (NCT OF DELHI) .....Respondent Through:
Mr. Ajay Vikram Singh, APP for the State Inspector Kailash Chand, PS- Tilak Nagar + BAIL APPLN. 1922/2025 & CRL.M.A. 15546/2025 ABHISHEK@ACCHU .....Petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Through:
Mr.
Suraj Prakash & Mr. Mayank Chauhan, Advs.
versus THE STATE (NCT OF DELHI) .....Respondent Through:
Mr. Ajay Vikram Singh, APP for the State Inspector Kailash Chand, PS- Tilak Nagar
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 29.05.2025 1.
The present applications have been filed seeking regular bail in FIR No. 398/2022 dated 11.04.2022, registered at Police Station Tilak Nagar for offences under Sections 302/34 of the Indian Penal Code, 1860.
2.
The applicants seek parity with the co-accused, Dev Sarkar @ Anurag who has been admitted on bail by this Court by order dated 28.03.2025 in BAIL APPLN. 3046/2024.
3.
The co-accused was admitted on bail noting that the allegations against the co-accused is that he, along with other coaccused persons had inflicted kicks and blows to the deceased whereas accused Golu had stabbed the victim. The victim subsequently succumbed to his injuries.
4.
This Court noted that all the material witnesses have turned hostile and have not supported the case of the prosecution. The father of the victim had also deposed that he had not seen any accused persons nor had the deceased told him anything in relation to the accused persons.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
The applicant/Abhishek@Acchu is in custody since 13.04.2022 and the other applicants are in custody since 11.04.2022.
6.
The allegation against the applicants are that they inflicted kicks and blows to the victim. It is not alleged against the applicants that they were the ones who had inflicted knife blow on the victim.
7.
In the opinion of this Court, the applicants are entitled for grant of bail on the ground of parity.
8.
The object of jail is to secure the appearance of the accused during the trial. The object is neither punitive nor preventive and the deprivation of liberty has been considered as a punishment. However, appropriate conditions ought to be put to allay the apprehension of the applicant tampering with the evidence or evading the trial.
9.
Considering the above, the applicants are directed to be released on bail on furnishing a personal bond for a sum of ₹20,000/- with two sureties of the like amount by each of the applicants, subject to the satisfaction of the learned Trial Court, on the following conditions:
(i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever; (ii) The applicant shall under no circumstance leave the boundaries of the country without the permission of the learned Trial Court;
(iii) The applicant shall appear before the learned Trial The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Court as and when directed;
(iv) 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;
(v) The applicant shall, upon his release, give his mobile number to the concerned IO/SHO and shall keep his mobile phones switched on at all times. 10.
In the event of there being any FIR/ DD entry/ complaint lodged against the applicant, it would be open to the State to seek redressal by filing an application seeking cancellation of bail. 11.
It is clarified that the observations made in the present order are only for the purpose of deciding the present bail applications and shall not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case.
12.
The present bail applications are allowed in the aforesaid terms.
13.
A copy of the order be placed in all the matters. AMIT MAHAJAN, J MAY 29, 2025 "SS"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.