Md Salamuddin v. State NCT Of Delhi

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4217/2025 MD SALAMUDDIN .....Petitioner Through:

Mr. Binod Kr. Aggarwal and Mr.

Ujjwal Agrawal, Advocates.

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

Mr. Manoj Pant, APP for State.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 09.02.2026 1.

By way of this application, the applicant seeks grant of regular bail in case arising out of FIR bearing no. 194/2025, registered at Police Station Ranhola, Delhi for offence punishable under Sections 118(2)/126(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereafter 'BNS') and Sections 25/27 of the Arms Act, 1959.

2.

Briefly stated, facts of the present case are that on 13.03.2025, on receipt of GD No. 77A, the Investigating Officer reached Mata Roop Rani Maggo Hospital, Om Vihar, Uttam Nagar, Delhi, where injured complainant Salman Khan, aged about 18 years, was found admitted vide MLC No. 2330/25. The attending doctor declared or the injuries as grievous in nature and recorded a history of physical assault by unknown persons, using a knife. During the course of investigation, the statement of the injured complainant was recorded, wherein he categorically named the present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

applicant/accused Mohd. Salamuddin @ Salamu as the principal assailant who inflicted multiple knife blows upon him with the assistance of coaccused Gulab and Safiulla, clearly attributing specific roles to each of the accused persons co-accused Gulab was arrested during investigation, and co-accused Safiulla was subsequently apprehended. Initially treated as a Child in Conflict with Law, Safiulla was later declared an adult pursuant to age verification from school records was accordingly remanded to judicial custody. The present applicant/accused Mohd. Salamuddin @ Salamu was arrested on 01.04.2025 from Loni, Ghaziabad Uttar Pradesh. Upon completion of investigation, a main charge-sheet was filed before the concerned Court, and thereafter, a supplementary charge-sheet was filed on receipt of the FSL report. Accused Mohd.

Salamuddin @ Salamu has been charge-sheeted under Sections 118(2)/126(2)/3(5) BNS and Sections 25/27 of the Arms Act, while co-accused Gulab and Safiulla have been chargesheeted under Sections 118(2)/126(2)/3(5) BNS. That the offence is grave and serious in nature involving a brutal knife attack resulting in grievous injuries to the victim. The prosecution case is supported by ocular testimony of the injured, medical evidence, recovery of weapon, CCTV footage and forensic evidence. The trial is at an initial stage and material witnesses are yet to be examined.

3.

The learned counsel appearing for the present accused/applicant argues that the applicant has been falsely implicated in the present case, and he has been in judicial custody for last about ten months. It is contended that no prima facie case is made out against the applicant, as there is no iota of evidence to suggest that the applicant has committed the alleged offence. Therefore, it is prayed that accused/applicant be granted regular bail. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The learned APP for the State, on the other hand, opposes the present application and argues that allegations against the accused are grave and serious in nature, and if released, the applicant herein may extend threats to the prosecution witnesses. Thus, it is prayed that the present application be dismissed.

5.

This Court has heard arguments addressed by the learned counsel for both the parties, and has perused the material on record. 6.

This Court notes that the applicant/accused has been in judicial custody for a period exceeding eight months. The investigation, insofar as the recovery and forensic opinion regarding the alleged weapon is concerned, reveals that the Forensic Medicine Department of DDU Hospital, upon examination of the alleged recovered weapon on the request of the Investigating Officer, opined on 08.04.2025 that, as per the history recorded in MLC No. 2330/2025, injury on both thighs was not consistent with a knife. Further, at the time of collection of blood samples on 16.03.2025, the doctors of DDU Hospital recorded that the injuries were old in nature and that there was no fresh external injury, and no further opinion was rendered linking the alleged weapon with the injuries. 7.

Considering the overall facts and circumstances of the case, and for the reasons recorded hereinabove, this Court is inclined to grant regular bail to the applicant on his furnishing personal bond in the sum of Rs.10,000/- with surety of the like amount to the satisfaction of the 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

passport, he shall surrender the same to the concerned trial court.

ii) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned Court and IO/SHO concerned.

iii) The applicant shall appear in Court on every date of hearing unless exempted;

iv) 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. 8.

Accordingly, the present application stands disposed of. 9.

Nothing expressed hereinabove shall tantamount to an expression of opinion on the merits of the case.

10.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J FEBRUARY 09, 2026/vc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.