Afsar v. State Govt Of NCT Delhi
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AFSAR .....Petitioner Through:
Mr. Israel Khan, Advocate.
versus STATE GOVT OF NCT DELHI .....Respondent Through:
Mr. Ashneet Singh, APP.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 05.01.2026 CRL.M.A. 56/2026(exemption) Exemption allowed, subject to all just exceptions. 1.
The present application has been filed under section 483 of BNSS 2023 by the petitioner for seeking Regular Bail.
2.
The FIR in question was registered on 04.01.2022 and as per the allegations made by the complainant Azim Ullah, he was robbed at gun-point by three accused persons.
3.
All the three accused were, eventually, apprehended. However, nothing could be recovered.
4.
As per the bare allegations, one other co-accused i.e. Yunus @ Ganga was armed with knife whereas the co-accused Sarik was armed with pistol and during the robbery in question, the complainant was threatened with the abovesaid weapons and committed robbery of a sum of Rs. 50,000/60,000 and mobile phone and other documents of complainant. 5.
Admittedly, the other two co-accused are already on bail. 6.
Learned counsel for the petitioner submits that the material public witness, including the complainant, have already been examined and no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
useful purpose would be served by detaining the petitioner in jail in the present FIR. He submits that since the complainant has already been examined, there is no question of his influencing the key witness in any manner whatsoever.
7.
Learned counsel for State, on instructions from the IO, submits that though the co-accused were enlarged on bail, one of them has already absconded and has already been declared 'proclaimed offender'. He apprehends that if the petitioner is also granted bail, he may also run away. He also submits that petitioner is involved in other offences also. 8.
Fact remains that petitioner was arrested in the present case on 11.04.2022 and is in custody since then.
9.
Though, he is, reportedly, involved in other cases, fact remains that he is on bail in all such other matters. Learned counsel for petitioner, on instructions, stated at the Bar that accused is on bail in all the other cases. He also submits that, at the time of the alleged offence, he was hardly 24 years of age and keeping in mind his young age, no fruitful purpose would be served by keeping him in further incarceration, more so, when all the public witnesses have already been examined by the prosecution. 10.
This Court is mindful of the fact that petitioner herein was not armed with any deadly weapon and, therefore, he is not even charged under Section 397 IPC.
11.
Keeping in mind the overall facts of the case, petitioner Afsar, is 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/CMM/Duty Magistrate.
12.
The application stands disposed of in aforesaid terms. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
13.
A copy of this Order be immediately sent to the learned Trial Court and Jail Superintendent for information and necessary compliance. MANOJ JAIN, J JANUARY 5, 2026/sw/pb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.