The court determined that the severity of the crime and the possibility of witness tampering outweighed the petitioner's claim for bail, reinforcing the principle of maintaining justice while considering personal liberty.

JUDGMENT

Subramonium Prasad, J. This petition filed under Section 439 CrPC is for grant of regular bail to the petitioner in FIR No. 110/2018 registered at Police Station Ambedkar Nagar for offences under Sections 302 , 201 and 34 IPC.

2. On a complaint made by one Bunty S/o Vijay Kumar, R/o B-660 Dakshin Puri, Ambedkar Nagar, New Delhi, FIR No. 110/2018 was registered at Police Station Ambedkar Nagar for offences under Sections 302 , 201 and 34 IPC. It is stated that the complainant is a driver. It is stated that on 02.03.2018 at about 3:30 PM he and his brother Sonu went to Sanjay Camp to get food on their Scooty bearing No.DL-3S-DU 6292. It is stated that they were stopped midway by five accused i.e. Aman, Naveen @ Momos, Sindhu, Annu and the Petitioner herein. It is stated that the accused started assaulting the complainant and his brother. It is stated that during the assault the complainant ran away. It is stated that Sonu was held by the Petitioner, and was stabbed continuously by Aman and Naveen. It is stated that Sonu became unconscious and was taken to Batra Hospital by the complainant. It is stated that on arrival, Sonu was declared as brought dead by the Doctors vide MLC No.13628. In the MLC, it is stated that there are multiple stab wounds on the neck, chest and stomach of the deceased.

3. During investigation, accused Naveen @ Momos and Aman were identified by the complainant. The scooty bearing No. DL-3S-DU-6292 was seized. The accused Aman declared that he had known the deceased, Sonu, for 10-12 years, and around six months back, the deceased, at a social function hosted by him, fought with the DJ and was thrown out of the party. He stated further that the deceased used to urinate at the gate of his house. He stated that on the day of Holi i.e. 02.03.2018 he alongwith Naveen @ Joginder @ Momos, Sudhi @ Sagar, Deepak @ Patanga and Annu were standing ahead of a School in J-Block Dakshinpuri and Naveen was carrying a knife which was bought from Haridwar. He deposed that when Sonu arrived with the complainant, Annu, Sudhi, Patanga and the petitioner herein held Sonu from behind, and he and Naveen gave knife blows to Sonu. He further stated that Naveen also suffered injuries and was admitted to Batra Hospital by him, he importantly stated he hid the knife from which attack was made near the emergency gate of Batra Hospital. Accused Aman's disclosure statement was recorded and the knife was recovered at his instance. The blood-stained clothes of the Aman and Naveen were also found after his disclosure.

4. The Petitioner, Annu and Deepak were arrested on 04.03.2018. The complainant identified them as the attackers.

5. During investigation, 8 sealed exhibits including the knife allegedly used in crime have been sent to forensic examination. The Forensic report stated that the blood on knife matched with the DNA of deceased Sonu. The post mortem report had been prepared by AIIMS New Delhi, it said that deceased. Sonu had died of a shock as a result of the large number of injuries caused by a sharp-edged weapon. The investigation revealed that an erstwhile rivalry had existed between accused Aman and deceased. Sonu which dated back to the alleged nuisance that deceased created by quarreling with the DJ at a social function/party.

6. The Petitioner was in custody since 4.3.2018 and was granted interim bail by the Ld. Trial Court under the HPC Guidelines on 20.6.2021. He was on interim bail for a period of 9 months and surrendered to Police custody on 12.3.2021.

7. It has been brought to the Court's notice that the Trial has begun and initially at the time of filing chargesheet, a list of 26 witnesses was prepared and now only 16 witnesses are shortlisted for deposing at Tr