Krishna v. State NCT Of Delhi

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1799/2025 KRISHNA .....Petitioner Through:

Ms. Nandita Rao, senior advocate with Mr. Hirein Sharma and Mr.

Vimal Tyagi, Advocate versus STATE NCT OF DELHI .....Respondent Through:

Ms. Richa Dhawan, APP for State with IO/SI Karamaveer, PS Sultanpuri

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 09.05.2025 [Physical Hearing/Hybrid Hearing (as per request)] CRL.M.A. 14564/2025 (exemption) 1.

Allowed, subject to all just exceptions.

BAIL APPLN. 1799/2025 2.

The accused/applicant seeks Anticipatory Bail in case FIR No. 1077/2024 of PS Sultanpuri for offence under Sections 115(2)/118(2)/126(2) /351(2)/3(5) of the Bharatiya Nyaya Sanhita (BNS). Broadly speaking, allegation of the prosecution is that on the fateful night, the injured was attacked by three persons including two males and the present accused/applicant; the two male assailants used sariya and rod while the present accused/applicant stabbed in the neck of the victim. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:06:49

3.

Earlier, the accused/applicant had filed Anticipatory Bail application but the same was withdrawn unconditionally on 29.04.2025. 4.

Learned senior counsel for accused/applicant submits that now there is a change in circumstance as a video-clip of the alleged incident has surfaced.

5.

The Investigating Officer SI Karamveer submits that no such videoclip has been given to him for verification. 6.

Learned senior counsel for accused/applicant on instructions assures to supply the said video-clip to the Investigating Officer during the course of the day. It is made clear that for supply of the said video-clip, the Investigating Officer shall not insist for personal appearance of the accused/applicant and the same can be delivered to the Investigating Officer by counsel for accused/applicant.

7.

Under these circumstances, on instructions, learned senior counsel seeks permission to withdraw this Bail Application with liberty to file fresh application before the trial court.

8.

Accordingly, the application is dismissed as withdrawn with liberty as sought.

GIRISH KATHPALIA, J MAY 9, 2025/as 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. The Order is downloaded from the DHC Server on 01/07/2025 at 00:06:49