IMPORTANT POINT
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.

ORDER :

1. The instant bail application has been filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (“BNSS” hereinafter) [earlier Section 439 of the Code of Criminal Procedure, 1973] seeking grant of regular bail in FIR No. 383/2021, registered at Police Station Ambedkar Nagar, Delhi, for the offences punishable under Sections 302/34 of the Indian Penal Code, 1860 (“IPC” hereinafter). The prayer of the applicant is produced as under:

“It is, therefore most respectfully prayed that this Hon’ble Court keeping in view the aforesaid facts and circumstances may kindly be pleased to:

(a) Grant regular bail to the petitioner in case FIR No. 383/2021 U/s. 302/34 IPC, P.S. Ambedkar Nagar till the disposal of the case.

(b) Pass any other or further order as this Hon’ble Court may deem fit and proper, in the interest of justice.”

2. The brief facts that led to the filing of the present application are as follows:

(a) The complainant and the deceased resided in the same neighborhood and were childhood friends. It is stated in the FIR that on 1st June, 2021, they went out to purchase cake for deceased’s father’s birthday celebrations. After purchasing the cake, while they were returning home on their scooter, they were allegedly stopped by the applicant and one Mr. Sameer.

(b) Allegedly, the applicant caught hold of the deceased and pulled him away from the scooter. The balance of the scooter was disturbed and the complainant fell from it. Thereafter, the applicant allegedly started stabbing the deceased with a knife, while Mr. Sameer caught hold of him and started kicking him.

(c) It is further stated in the FIR that two more accused, namely Mr. Sahil and Mr. Bhola came to the spot. They allegedly had knives in their hands when they came, while announcing that they wanted to finish the deceased. They started stabbing the deceased, along with the applicant.

(d) When people gathered around the incident site, the accused ran away. The complainant went back to the spot and saw that the deceased was bleeding profusely and a knife was stuck in his neck. The Complainant called deceased’s brother, Mr. Ravi, who came to the spot and took the deceased to the hospital, along with his friend, namely, Mr. Ankush. On inspection, it was found that the deceased had multiple stab wounds on his face and body. Thereafter, the deceased passed away in the hospital.

(e) Consequently, the instant FIR No. 383/2021 was registered at Police Station Ambedkar Nagar, Delhi, for the offences punishable under Sections 302/34 of the IPC.

(f) The applicant filed his first bail application before the learned Trial Court, which was dismissed vide order dated 9th June, 2023. The second bail application filed by the applicant was dismissed as withdrawn vide order dated 5th December, 2023. Lastly, another bail application filed by the applicant was dismissed by the learned ASJ vide Order dated 22nd July, 2024. The trial is currently at the stage of prosecution evidence.

(g) Hence, the present bail application is filed before this Court.

3. Learned counsel appearing for the petitioner submitted that the applicant is falsely implicated in the present case and that the applicant has nothing to do with the commission of the offence in the present case.

4. It is submitted that the allegations made in the FIR against the applicant are completely frivolous and unsubstantiated as there is no evidence to point towards the direct or indirect involvement of the applicant in the commission of the offence in the present case.

5. It is submitted that the investigation in the present matter has already been completed, the chargesheet has also been filed against the applicant and all the material witnesses have already been examined.

6. It is submitted that the applicant has been languishing in judicial custody since 3rd June, 2021, and that no useful purpose would be served by further keeping the applicant in judicial custody.

7. It is submitted that nothing incriminating has been recove