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High Court of DelhiBAIL APPLN./1744/2025

Ajay Soni @ Golu v. The State Of NCT Of Delhi

2025-07-21Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1744/2025 AJAY SONI @ GOLU .....Petitioner Through:

Mr. Yogesh Kumar, Advocate.

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

Mr. Yudhvir Singh Chauhan, APP for the State with Inspector Manoj Kumar, SHO/PS NIA.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 21.07.2025 1.

First Bail Application under Section 439 and 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.'), has been filed on behalf of the Petitioner, Ajay Soni @ Golu, for grant of Regular Bail in FIR No. 524/2019 dated 24.08.2019 under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), registered at Police Station Narela Industrial Area, Delhi in SC Case No. 731/2019 of learned Special Judge (NDPS), North District Court Rohini, Delhi.

2.

It is submitted in the Application that the said FIR under Section 302 IPC was registered against the Petitioner on 24.08.2019 and he was arrested on the same day. The Charge-Sheet has been filed. The two Bail Applications filed before the Court of Sessions, have been dismissed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The ground on which Bail is sought is that all the material public witnesses have already been recorded. The Petitioner has clean antecedents and there are least chances of his fleeing from the justice. He had cooperated during the investigations. He has not misused his liberty while on Interim Bail.

4.

Status Report has been filed on behalf of the State wherein it is submitted that as per the Statement of the eye witness, Azad, on 24.08.2019, he was present with his friend, Nisar at his House bearing B-575, JJ Colony, Bawana, Delhi when at around 2:30 p.m, the Applicant came to his Uncle, Manish's House and started arguments. Further, he started beating his Uncle on which Manish called his friend, Sabbir. Sabbir tried to pacify the matter on which Applicant started beating Sabbir who also in return gave 2-3 slaps to the Applicant. He fled away and returned in anger with one knife and stabbed Sabbir 2-3 times on his neck.

5.

Initially, FIR under Section 307 IPC was registered. But subsequently, Sabbir succumbed to the injuries. Accordingly, Section 302 IPC was added. The Post-mortem Report certified the cause of death as hemorrhagic shock consequent to penetrating injuries to the chest and neck. 6.

The Supplementary Charge-Sheet has been filed with the subsequent opinion about the weapon of offence being likely to have caused the injuries on the person of deceased. 14 Prosecution witnesses have already been examined out of 33 witnesses. Considering the gravity of the offence, the Regular Bail is opposed.

7.

Submissions heard and the record perused.

8.

The Applicant is in judicial custody since 24.08.2019. All the public witnesses stand recorded. There are 33 prosecution witnesses in all, out of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

whom only 14 have been recorded. The trial is likely to take long. 9.

Considering the totality of circumstances, the Accused/Petitioner is granted Regular Bail, on the following terms and conditions: a) The Petitioner/Accused shall furnish a personal bond of Rs.35,000/- and one surety of the like amount, subject to the satisfaction of the learned Trial Court.

b) The Petitioner/Accused shall appear before the Court as and when the matter is taken up for hearing;

c) The Petitioner/Accused shall provide his mobile number/changed mobile number to the IO concerned which shall be kept in working condition at all times;

d) The Petitioner/Accused shall not indulge in any criminal activity and shall not communicate or intimidate the witnesses. e) In case the Petitioner/Accused changes his residential address, the same shall be intimated to learned Trial Court and to the concerned I.O.

10.

The copy of this Order be communicated to the concerned Jail Superintendent, as well as, to the learned Trial Court. 11.

The Bail Application is accordingly disposed of. NEENA BANSAL KRISHNA, J JULY 21, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.