A court must cancel bail based on verified evidence of intimidation, not mere allegations, to uphold the presumption of innocence.

JUDGMENT :

PRATEEK JALAN, J.

1. By way of this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner challenges an order dated 15.12.2025, passed by the Principal District & Sessions Judge, North District, Rohini Courts, Delhi, by which the regular bail granted to the petitioner in connection with the proceedings arising out of FIR No. 137/2025, registered at Police Station Jahangir Puri, under Sections 109 (1)/3(5) of the Bharatiya Nyaya Sanhita, 2023, was cancelled.

A. FACTS

2. The aforesaid FIR was registered on 14.02.2025, in respect of injuries caused to respondent Nos. 2 and 3 herein, in an incident which took place at 12:30 AM on the same day. They alleged that they were hit by a scooty which was carrying 6-7 boys, being driven in rash and negligent manner. This led to a fight, in which they alleged that they were attacked by one of the assailants with a dagger. The other accused persons, including the petitioner, were accused to having caught hold of them. Six persons have been apprehended in connection with the aforesaid offence, including the petitioner, one Md. Yusuf and four children in conflict with law [“CCL”]. The attack with the dagger is stated to have been committed by one of the CCLs.

3. The petitioner was arrested on 14.02.2025, and was in judicial custody since 15.02.2025.

4. After completion of investigation, the chargesheet was filed on 09.05.2025.

5. By order dated 04.06.2025, the Sessions Court granted regular bail to the petitioner with the following observations:

“5. I have heard Ld. Counsel for the applicant/accused, Ld. Subs. Addl. PP for the State and have perused the record. The allegations against the applicant/accused are that an information vide DD No.6A dated 14.02.2024 was received from BJRM Hospital to the effect that two injured persons i.e. Yamin and Farman had been admitted in the said hospital after sustaining stab injuries; thereafter, both the said injured were examined who told that they worked as waiters in a tent house and when they were going home at around 12.30 am on 14.02.2025 and reached near Aryan Hansraj School, K Block, some boys, who were on scooty/two-wheeler and were driving in a rash manner, came from their opposite side and hit them with their scooty; when victims/injured raised objection, the alleged boys scuffled with them and one of the boys stabbed both of them with a knife; thereafter all the assailants ran away from the spot. When they fled away, the victims/injured noted the registration number of their scooty.

6. As per reply filed by the IO, the applicant/accused physically assaulted the victims and had caught hold of victims with his associates when CCL ‘S’ stabbed the victims with knife.

7. The main role of stabbing the victims with a knie has been attributed to CCL ‘S’. As per the FIR, scuffle had taken place between the accused persons and the victims suddenly, due to roadrage incident. Chargesheet has already been filed. There is no previous criminal involvement of the applicant/accused in any other criminal case. The applicant/accused is in JC since 14.02.2025. Conclusion of the trial is likely to consume considerable time. Hence, no fruitful purpose would be served by keeping the accused behind bars. Accordingly, in view of the facts and circumstances of the case, the applicant/accused Izaz Hussain is admitted to regular bail on furnishing personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety of the like amount to the satisfaction of Ld. JMFC/Link JMFC/Duty JMFC, subject to the following terms and conditions :- (i) Du