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High Court of DelhiBAIL APPLN./2056/2025

Deepanshu Chauhan v. The State Govt. Of NCT Of Delhi

2025-08-11Hon'Ble Mr. Justice Amit Mahajan3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ DEEPANSHU CHAUHAN .....Applicant Through:

Mr. Surya Nath Pandey, Adv.

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

Ms. Richa Dhawan, APP for the State.

SI Ram Prasad & ASI Shailender, PS Bharat Nagar.

Mr. C.S. Dahiya, Mr.

Ravinder Khatri, Mr.

Chanderkant Dahiya & Mr.

Ronit Bhardwaj, Advs. for complainant.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 11.08.2025 1.

The present application is filed seeking pre-arrest bail in FIR No. 594/2024 dated 02.09.2024, registered at Police Station Bharat Nagar, for offences under Sections 115(2)/126(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS').

2.

It is the case of the prosecution that on 02.09.2024, the applicant along with his friends- Tanishq and Junaid, gave beatings to the victim with sticks. It is alleged that the victim sustained injury on his head in the brawl.

3.

The applicant is stated to have joined the investigation pursuant to the interim protection granted by this Court by order dated 28.05.2025.

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

4.

Undisputedly, the applicant is a student studying in the same University as the victim. It is stated that the applicant is a young man of 19 years of age with clean antecedents. Subjecting the applicant to custodial interrogation will serve no purpose and will do more harm than good.

5.

It is not in doubt that order for grant of bail cannot be passed in a routine manner so as to allow the accused to use the same as a shield. At the same time, it cannot be denied that great amount of humiliation and disgrace is attached with the arrest. In cases where the accused has joined investigation, is cooperating with the Investigating Agency and is not likely to abscond, the custodial interrogation should be avoided.

6.

The purpose of custodial interrogation is to aid the investigation and is not punitive.

7.

It is also important to note that the co-accused personsTanishq and Junaid, have already been admitted to bail. 8.

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 ₹25,000/- 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 contact the victim or his family member in any manner whatsoever;

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

d. The applicant shall not directly or indirectly make any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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;

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

f. The applicant shall provide the address where he is residing and shall not change the address without informing the concerned IO/SHO;

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

9.

In the event of there being any violation of the stipulated conditions, it would be open to the State to seek redressal by filing an application seeking cancellation of the bail. 10.

It is clarified that the observations made in the present order are for the purpose of deciding the present bail application, and should not influence the outcome of the Trial and should not be taken, as an expression of opinion, on the merits of the case. 11.

The present bail application is allowed in the aforesaid terms.

AMIT MAHAJAN, J AUGUST 11, 2025 "SK"

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