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High Court of DelhiBAIL APPLN./2672/2025

Akhtar @ Akku v. The State (NCT Of Delhi)

2025-07-21Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2672/2025 AKHTAR @ AKKU .....Petitioner Through:

Mr. Akash Sharma, Adv.

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

Mr. Manoj Pant, APP for the State.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 21.07.2025 CRL.M.A. 20776/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

BAIL APPLN. 2672/2025 3.

By way of the present application, the applicant is seeking grant of anticipatory bail in case out of FIR bearing no. 408/2022, registered at Police Station Begumpur, Delhi, for the commission of offences punishable under Sections 307/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). 4.

Briefly stated, the facts of the present case are that that on 02.06 2022, a PCR call was received at Police Station Begumpur from Sanjay Gandhi Hospital. In inquiry, it was revealed that one boy Akhta @ Akku (the present applicant) along with his friends had attacked the complainant Sonu and had stabbed a knife in his stomach. Subsequently, the present FIR was registered and investigation was taken up. The present applicant was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accordingly arrested on 04.01.2023.

5.

The learned counsel appearing on behalf of the applicant argues that the applicant is in judicial custody for more than two years. The learned counsel also states that the victim in this case was discharged within 3-4 days of the incident. It is stated that there is no previous involvement of the present applicant. Accordingly, it is prayed that the present applicant be granted bail.

6.

The learned APP for the State, on the other hand, argues that the allegations levelled against the applicant are serious in nature. It is also stated that the victim and the eye-witness have still not been examined in this case.

7.

This Court has heard arguments addressed on behalf of both the sides and has perused the material available on record. 8.

After hearing arguments and going through the case file, this Court is of the opinion that the applicant has been in judicial custody for the last more than two years, yet the victim has not been examined in this case. It is clear that the trial will take some time to conclude. 9.

Considering the overall facts and circumstances of the case, this Court is inclined to grant regular bail to the applicant herein, on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount. subject to the satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions: i) The applicant shall not leave the country without prior permission of the concerned Court and if the applicant has a passport, he shall surrender the same to the concerned trial court. ii) In case of change of residential address/contact details, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

applicant shall promptly inform the same to the concerned Court and IO/SHO concerned.

iii) The applicant shall appear regularly before the learned Trial Court, unless exempted.

iv) Since the victim and the eye-witness have not been examined, the applicant shall not communicate with, or come into contact with the complainant or any of the prosecution witnesses, or tamper with the evidence of the case.

10.

Accordingly, the present bail application stands allowed and is disposed of.

11.

It is, however, clarified that nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case. 12.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 21, 2025/A The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.