Bail should ensure the accused's attendance at trial, not serve as punitive action, highlighting the principle of presumption of innocence.

Headnote:(A) Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 302/201/120-B/34 - Application for regular bail - No overt act established against the applicant despite presence at the crime scene - The applicant is the sole breadwinner, held under judicial custody for over 9 months with interim bail granted twice - The prosecution has not proven grounds for bail denial based solely on public witnesses yet to be examined. (Paras 3.4, 6, 10, 12)

(B) Bail Principles - The fundamental purpose of bail is to secure an accused's appearance at trial, not punitive in nature; public sentiment is insufficient for denial of bail; the presumption of innocence is paramount. (Paras 6, 7, 12)

ORDER :

1. The present application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in FIR No. 609/2023 registered under Sections 302/201/120-B/34 of the Indian Penal Code, 1860 (IPC) at Police Station (P.S.) Subhash Place.

Brief Facts

2. As per the case of the prosecution as set out in the Status Report, on 20.08.2023 a PCR call was received at the P.S. Subhash Palace (lodged as DD No. 77A), that one person has been injured by a knife by another person at PP towers, Netaji Subhash Place (NSP) and he has been taken to hospital.

2.1. It is stated that HC Manoj reached the spot of crime i.e., Café Dens Don Club, NSP. It is stated that on enquiry it was found that a lot of blood was scattered near the parking and on the stairs leading to the Club. It is stated that further blood was also found on the floor of the kitchen of the Club.

2.2. It is stated that it was found that the victim was taken to the BSA hospital by his friends, who was admitted there vide MLC No. 11092 dated 20.08.2023 and the doctor informed that the victim is not fit for statement. It is stated that later the person was declared dead by the doctor.

2.3. It is stated that statement of eye-witness/Nishant was recorded wherein he stated that on 20.08.2023 he received a call from Gaurav [Gaurav alias Kaku] that they have to go to NSP Club and thereafter, they went on motorcycle of Gaurav and they also took another friend namely Mannu on the said motorcycle. It is stated that they reached at the NSP Club and they went towards Café Dens Don at 3:30 PM. It is stated that Mannu brought a bottle of liquor which they had with them while they were going towards the Club.

2.4. It is stated that Gaurav had quarrel with 2-3 boys (i.e. Ashish and Vijay). It is stated that eye-witness/Nishant pacified the quarrel. It is stated that Gaurav made a video call to Nishant’s cousin Vinay and Ankit (brother of Gaurav) and informed about the incident on which Ankit stated that they will reach the spot.

2.5. It is stated that at 7:30 PM, Gaurav came on the ground floor of the Club to receive Vinay, Ankit and Suuny and after 15 minutes Nishant also went there to check upon Gaurav and saw the boys (Ashish and Vijay) who had earlier quarreled were standing on the stairs. It is stated that then Vinay, Ankit, Sunny and Savi came towards the stairs and Vinay had a scuffle with those boys. It is stated that Nishant tried to calm the situation and took away Vinay from there. It is stated that however then those boys abused Vinay and attacked him with a knife on his leg and after some time Vinay fell down and became unconscious. It is stated that Vinay was thereafter taken to the BSA hospital.

2.6. It is stated that thereafter FIR No. 609/2023 was filed under Sections 302/201/120B/34 of IPC was registered at PS Subhash Place.

2.7. It is stated that during course of investigation, the accused persons namely (i) Aftab [Aftab alias Ashraf Ali]; (ii) Vijay (brother of the Applicant); (iii) Ashish [Ashish alias Sibbu]; (iv) Sachin; (v) Sandeep and (vi) D. Arjun the Applicant herein were identified as the persons present at the stairs. It is stated that all of them were arrested and sent to Judicial Custody.

2.8. It is stated that TIP proceedings of the Applicant were carried out and he has been identified by the Complainant/Nishant and other eye-witnesses Ankit and Sunny.

2.9. It is stated that charge-sheet has been filed and the next date of hearing before the Trial Court is 22.04.2025 for prosecution evidence.

Argument of Applicant

3. Learned counsel for the Applicant states that no offence can be attributed to the Applicant herein for causing injuries to the deceased because there is no evidence to suggest that there was any overt act on the part of the Applicant.

3.1. He states that as per prosecution injuries were caused by the other co-accused Aftab and Shadab on non-vital part of the body of the deceased/Vinay. He states that no injuries were caused by