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High Court of DelhiBAIL APPLN./5030/2025

Sufiyan v. The State (Govt Of NCT Of Delhi)

2026-02-11Hon'Ble Dr. Justice Swarana Kanta Sharma4 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 5030/2025 SUFIYAN .....Petitioner Through:

Mr. Pawan Mehta, Mr. Manan Sharma, Advs.

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

Mr. Naresh Kumar Chahar, APP for State along with SI Naresh Kumar.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 11.02.2026 1.

By way of the present application, the applicant is seeking grant of regular bail in case arising out of FIR bearing no. 285/2025, registered at Police Station Dabri, Delhi, for the commission of offences punishable under Sections 109(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereafter 'BNS').

2.

Briefly stated, the present case arises out of DD No. 103A dated 20.04.2025, pursuant to receipt of which the police officials had reached Indira Gandhi Hospital, Sector-9, Dwarka. The victim, Sunny Kumar, was found admitted with a stab injury and was declared medically unfit to give his statement at that time. Preliminary inquiry revealed that the victim was allegedly lured outside his residence by two individuals. It is alleged that while the co-accused engaged the victim's grandmother in conversation, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

present applicant/accused, Sufiyan @ Suchcha, inflicted a stab injury on the abdomen of the victim, and both the accused persons fled from the spot. Thereafter, on the basis of the said information, the FIR was registered. On the following day, the statement of the victim was recorded, wherein he categorically identified the applicant/accused Sufiyan @ Suchcha and the co-accused Tahjeeb.

3.

The learned counsel appearing for the applicant argues that the applicant has been falsely implicated in the present case. It is stated that he is an 18-year-old boy with no previous criminal antecedents, who has already remained in judicial custody for more than 09 months. It is also contended that the investigation stands concluded, and the injured witness has already been examined before the Trial Court. Furthermore, only 1 out of 24 witnesses has been examined and the trial is likely to take considerable time to conclude. Thus, it is prayed that the applicant be released on regular bail.

4.

On the other hand, the learned APP for the State strongly opposed the present bail application, and argues that the allegations against the applicant are serious and grave in nature. It is contended that the applicant played an active role and is specifically alleged to have inflicted a stab injury on the victim's abdomen, and thereafter fled from the spot along with the coaccused. Further, the incident was captured on CCTV footage from nearby premises, and the injury has been opined to be grievous in nature. It is thus prayed that the present bail application be dismissed. 5.

This Court has heard arguments addressed on behalf of the applicant as well as the State, and has perused the case file. 6.

It is not in dispute that the applicant is an 18 years old boy, with no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

criminal antecedents. Though the allegations are serious in nature, he has already remained in judicial custody for more than 09 months. 7.

The investigation in the present matter stands concluded and the chargesheet has already been filed. The injured witness, being the material witness, has also been examined before the learned Trial Court, and thus, there is no real apprehension of the applicant influencing the victim. Moreover, only 1 out of 24 prosecution witnesses has been examined so far, and it is likely that the trial will take considerable time to conclude. 8.

Considering the overall facts and circumstances of the present case, including the period of custody already undergone by the applicant, the absence of any criminal antecedents, and the fact that the trial is likely to take considerable time to conclude, this Court is inclined to grant regular bail to the applicant on his furnishing personal bond in the sum of Rs.10,000/- with one 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 he has passport, he shall surrender the same to the concerned trial court. ii) The applicant shall share his contact details (mobile numbers and residential address) with the IO/SHO and the Trial Court; and in case of any change in the said details, the applicant shall promptly inform the same to the concerned Court and the concerned IO/SHO.

iii) The applicant shall appear before the Trial Court on every date of hearing unless exempted;

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

iv) The applicant shall not indulge in any criminal activity; v) 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. 9.

The bail applications are accordingly disposed of. 10.

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

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J FEBRUARY 11, 2026/ GJ/RB The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.