JUDGMENT :

SANJEEV NARULA, J.

1. The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] (Corresponding to Section 439 of the Code of Criminal Procedure, 1973 [“CrPC”]) seeks regular bail in the proceedings arising from FIR No. 210/2018 dated 19^th July, 2018, registered at P.S. Prasad Nagar, Delhi for the offences under Sections 302/34 of the Indian Penal Code, 1860. [“IPC”] Upon completion of investigation, the charge-sheet has been filed under Sections 302/34 of the IPC read with Sections 25/27/54/59 of the Arms Act, 1959.

2. Briefly stated, the case of the Prosecution is as follows:

2.1. On 19^th July, 2018, a PCR call was received at Police Station Prasad Nagar, recorded as DD No. 4A. Acting on the information, SI Murari Lal along with Constable Ramnarayan (No. 1156/C) reached Gothi Park, Pyare Lal Road, Dev Nagar, Karol Bagh, Delhi. At the spot, a pool of blood was noticed near an iron bench inside the park. It emerged that the victim, later identified as Vishal, had been assaulted with a knife by the Applicant, Ashu @ Atta, and others, and had been shifted to Lady Hardinge Medical College Hospital by his friends. On arrival at the hospital, it was learnt that Vishal had succumbed to his injuries.

2.2. In the MLC, the doctor recorded the following observations: “A/H/O Physical Assault with stab wound over left thigh and right forearm and 3x1cmx2cm laceration over left thigh, 3x1x1cm Laceration over right forearm and 0.5x0.5cm abrasion over right side of neck, patient unconscious, nature of injuries - reserved, kind of weapon used-reserved.”

2.3. The statement of the Complainant, Pawan @ Hanni (brother of the deceased), was recorded. He stated that on the intervening night of 18^th-19^th July, 2018, after dinner, the deceased had gone for a walk at about 10:00 PM. Around 11:30 PM, the Complainant, who was at home, heard noises of a quarrel emanating from Gothi Park. Since the deceased had gone there, he rushed to the spot and saw Rahul Gupta @ Tyagi and another unknown person (described as short, well-built, and dark-complexioned) holding the deceased near an iron bench, while the Applicant repeatedly attacked him with a knife.

2.4. The co-accused Rahul Gupta @ Tyagi and the unidentified assailant allegedly exhorted the Applicant not to spare the deceased, upon which the Applicant stabbed him. As the deceased attempted to save himself, he sustained injuries near the right elbow. At that time, friends of the deceased, Deepak Jha, Neeraj, Gaurav, and Sunny, were also present and tried to intervene, but the Applicant waved the knife at them. Subsequently, the Applicant stabbed the deceased in the left thigh. The Complainant and the deceased’s friends threw bricks at the accused persons in an attempt to stop them.

2.5. Thereafter, all three accused persons fled the scene by crossing the railings of the park and ran towards Pyare Lal Road. The deceased collapsed on the ground. Sunny and Deepak Jha took him to the hospital in a three- wheeler. The Complainant, after informing his mother, also reached Lady Hardinge Hospital, where the deceased was undergoing treatment. He then made a call to the police control room from his mother’s mobile phone. On the basis of this statement, the present FIR was registered.

2.6. Post-mortem examination was conducted at MAMC Mortuary vide PM No. 252/18 dated 19^th July, 2018. The cause of death was opined as haemorrhagic shock and its complications, resulting from a stab injury on the left thigh, which was sufficient in the ordinary course of nature to cause death.

2.7. The Applic