Vimal Mishra vs State Of Nct Of Delhi

Girish Kathpalia, J

The accused/applicant seeks regular bail in case FIR No. 357/2024 of Police Station Sagar Pur for offence under Section 307/34 IPC.

1.1 This bail application came up for the first hearing on 18.03.2025 before the predecessor bench and thereafter continued getting adjourned before different benches. Along with 179 such old pending bail applications, this application also was transferred to this bench.

1.2 Today is the first hearing before me. I have heard learned counsel for accused/applicant and learned APP for State assisted by IO/SI Nitesh.

Broadly speaking, the case set up by prosecution is that on 29.05.2024 at about 01:00pm when the complainant de facto Suraj and the injured Subhit were  standing  at  the  spot,  the  present accused/applicant, Vimal and his associate  namely  Puneet came and they  started beating up  Subhit. The complainant de facto Suraj tried to intervene. In the process, the co-accused Puneet took out a knife and stabbed Subhit above the waist and buttocks. After that both accused persons fled the spot.

Learned counsel for accused/applicant submits that there is no specific role assigned to the accused/applicant in the alleged incident but he is in jail since 30.05.2024. It is also submitted that the injured was discharged after about 12 days from the hospital.

Learned  APP  for  State  opposes  the  bail  application  on the ground  of nature of the injuries. However, it is not denied that the injured stands discharged from hospital almost two years back. It is also apprised by the IO that the  complainant  de  facto  Suraj  has  already  been  examined  in  trial but despite 15 dates before the trial court, the injured Subhit has not appeared.

Considering  the above  circumstances, this bail  application is  allowed and the accused/applicant is directed to be released on bail, subject to his furnishing  of  a  personal  bond  in  the  sum  of  Rs.10,000/-  with  one  surety in the like amount to the satisfaction of the learned trial court. The accused/applicant  shall  not  contact  any of  the  prosecution  witnesses  in  any manner whatsoever.

Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant.