High CourtsSingle Bench

Rafik vs State Of Nct Of Delhi

Delhi High Court · Decided on 9 April 2026 · Citation: (2026) 04 DEL CK 0144

HON’BLE JUDGES
Girish Kathpalia, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 3(5), 109(1)
RESULT
Allowed
CASE NUMBER
Bail Application No.1350 Of 2026 & Criminal Miscellaneous Application No. 10594 Of 2026
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Judgment

9 paragraphs · 338 words

Girish Kathpalia, J

1.

The accused/applicant seeks regular bail in case FIR No. 287/2025 of PS Farsh Bazar for offence under Section 109(1)/3(5) BNS.

2.

I  have  heard learned  counsel for  accused/applicant  and  learned  APP for State assisted by IO/SI Jogendera Singh.

3.

Broadly speaking, the FIR was registered on the statement  of injured Krishan, who stated that on 18.05.2025 at about 11:40pm when he was purchasing some groceries, four persons including the present accused/applicant came and tried to apprehend him, so he ran inside the lane, followed by all four  of them.  Once inside  the lane,  the  four assailants stated that they would kill him, after which the present accused/applicant inflicted injuries on chest, waist, thigh and leg of the injured with some pointed object and thereafter all four of them fled away.

4.

Learned counsel for accused/applicant submits that he is innocent and has been falsely implicated. It is also submitted that no weapon allegedly used in the offence was recovered and rather, even nature of that  weapon is not  known  till  date.  It  is  also submitted  by learned  counsel  that  the  injured was discharged from hospital after  medical treatment on the  same day.  It is further submitted by learned counsel that the accused/applicant is in jail since 20.05.2025 and no purpose would be served by keeping him in jail.

5.

Learned APP  on instructions of the  IO  submits  that the weapon used in the assault  was a knife. However, learned APP fairly submits that in this regard there is nothing on the investigation file.

6.

Considering  the above  circumstances,  I  find  no  reason  to deprive the accused/applicant liberty  any  further. Therefore,  the  application is allowed and accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of  Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court.

7.

A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.

8.

Accompanying application also stands disposed of.