Shamsher Saifi v. State Of NCT Of Delhi
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3965/2025 SHAMSHER SAIFI .....Petitioner Through:
Ms. Neha Yadav, Mr. Hemant Baisla, Mr. Ravi Sarwan, Mr. Hemant Kr.
Niranjan and Ms. Shikha, Advocates.
versus STATE OF NCT OF DELHI .....Respondent Through:
Ms. Priyanka Dalal, APP for the State with SI Amrit Kumar.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 25.02.2026 1.
Applicant seeks regular bail in FIR No. 0189/2025 dated 31.03.2025, for commission of offences under Sections 309(6)/311/317(2)/3(5)/345(3) of Bharatiya Nyaya Sanhita (BNS), (corresponding Sections 394/397/411/34/482 IPC) and Sections 25/27 Arms Act, registered at P.S. Aman Vihar.
2.
The incident in question is of 30.03.2025 when the police learnt that a snatcher had been apprehended by public persons in Rohini area. 3.
Statement of complainant revealed that when she was returning to her home at around 7:40 P.M., one bike came from behind and stopped ahead of her. Thereafter, one another person came on foot and started to snatch her bag. However, she was able to resist the abovesaid attempt. Upon this, the biker took out pistol and aimed the same towards her, on which, she became BAIL APPLN. 3965/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
perplexed and started crying and in the process the other person was able to snatch the bag from her hand. However, when both the accused attempted to flee, the bike lost its balance and they fell on the road. Upon shouts of the complainant, public persons collected at the spot and were able to apprehend the applicant herein.
4.
Applicant is the one who had shown the pistol. The other person, who attempted to snatch the bag, was able to flee. He could not, however, run away with the bag and bag was also recovered from the spot. 5.
The abovesaid fire arm was taken into possession. 6.
The applicant is in custody since date of his arrest on 30.03.2025. Though, the charge-sheet has been filed but there is no progress in the matter as FSL report is still awaited. After the report of FSL, the investigating agency may also be required to obtain sanction/permission from prosecution under Section 39 of Arms Act.
7.
As directed, the applicant has filed an affidavit about his previous involvements and according to the affidavit filed today, which is taken on record, he is involved in other matters, but has not handed out any conviction. In one case, he has already been discharged and in another case, he has been acquitted. Rest of the matters are pending adjudication. 8.
Though the case has already been committed to the Court of Sessions, unless and until the report from FSL is received, there is not going to be any progress in the matter.
9.
Keeping in mind the overall facts of the case, the applicant is, hereby, directed to be released on bail on his furnishing personal bond in a sum of Rs. 25,000/- with one surety of like amount, subject to the satisfaction of learned Trial Court/CJM/Duty Magistrate with the following conditions: - BAIL APPLN. 3965/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
(i) The appellant shall not try to contact any public witness, directly or indirectly.
(ii) He would provide his Mobile Number to the concerned I.O and would ensure that such Mobile Number remains active and operational, till the disposal of the case by the learned Trial Court.
(iii) Applicant would report to concerned SHO/IO every first Sunday of the month at 11:00 A.M., till the trial is complete. (iv) Learned Trial Court would be at liberty to get the addresses of appellant and his surety verified, before accepting the bonds. In case, appellant wants to change his address, he shall give prior intimation in writing, not only to the concerned investigating officer but also to the learned Trial Court.
(v) In case, any instance of violation of the abovesaid conditions is brought to be knowledge of this Court, the bail would be liable to be cancelled.
10.
The application stands disposed of.
11.
Let a copy of this order be sent to the concerned Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J FEBRUARY 25, 2026/ss/js BAIL APPLN. 3965/2025 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.