Order 18

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: S.C.No.236/2024
FIR No.521/23
PS Timarpur
State v. Piyush
CNR No. : DLCT01-005296-2024
10.09.2026
Present: Sh. Prashant Chaudhary, Ld. substitute APP for the
State.
Sh. Haridatt Sharma, Ld. Deputy Chief LADC for
applicant/accused Piyush.
Reply filed. Arguments heard. Put up for orders
during the course of the day.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
10.09.2026
AT 1:00 p.m.
Order
This order shall dispose of an application for regular bail
u/s 483 BNSS filed on behalf of accused Piyush. The bail
application is contested by the prosecution.
Ld. counsel for the accused/applicant Piyush submitted
that he has been falsely implicated; nothing has been recovered
from him; investigation is complete; trial will take long time to
conclude and no purpose will be served by further detaining him
in custody.
Ld. CPP for the State, on the other hand, submitted that the
offence committed by the accused is grave and serious in nature
and the bail application is liable to be dismissed.
I have considered the rival submissions and have gone
through the case file.
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Facts of the case, in brief, are that on 24.10.2023,
information was received regarding a stabbing incident; on
reaching the spot, ASI Ashok Kumar came to know that injured
Aryan had been shifted to Trauma Centre, Civil Lines.
Subsequently, it was informed that injured Aryan had been
declared dead. Statement of eye witness Vansh was recorded that
on 24.10.2023 he along with Aryan, Akash and Anil were
returning after seeing the Ramleela. At about 8:00 p.m., near Gol
Market, Timarpur, one Sahil came and took all of them to CCL
(V), Tarun, CCL (D), Piyush and CCL(R). There, accused Piyush
caught hold of Aryan and started slapping him; accused CCL(V)
took out a knife and assaulted Vansh in his left thigh. CCL(V)
also started assaulting Aryan with the knife due to which he
sustained injuries and ultimately succumbed to the injuries.
Accordingly, the present FIR was registered and investigation
was carried out.
During investigation, statement of other eye witnesses Anil
and Akash were recorded. Accused Piyush, CCL(R) and CCL(V)
were apprehended on secret information. A blood stained knife
was recovered from accused Piyush. On the basis of pasting files
received from the schools, accused Sahil Khan and Piyush had
attained the age of 18 years before commission of the offence.
Charge for offence u/s 302/149 IPC, 341/149 IPC and
323/149 IPC was framed against the accused persons on
17.03.2026. Complainant Vansh was examined in the court as
PW1. In his testimony before the Court, he deposed that on the
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day of the incident at about 8:00 p.m he along with Anil, Akash,
Manoj and Prateek had gone to Ramlila ground where a
commotion took place; something had hit his leg at which he ran
towards his house. He later came to know that a boy had been
killed. He further deposed that he did not know who caused him
injury; police had taken his signatures on some papers which he
was not allowed to read. He further deposed that he had not seen
the face of any of the assailants as it was dark. He further stated
that he did not know accused Tarun, Piyush and Sahil Khan.
The witness was cross examined by the Ld.CPP for the
State but in the cross examination as well, the witness completely
resiled from his earlier statement and completely exonerated all
the accused persons.
Similarly, PW2 Anil Kumar and PW3 Akash, who are the
other alleged eye witnesses to the incident, deposed before the
court that both of them were consuming liquor on the day of
Dusshera; suddenly several persons came and assaulted a boy;
later they came to know that the said boy was killed. They did
not know anything else about the case and stated that they had
not seen who had committed the offence. Both the witnesses
were cross examined by the Ld.CPP for the Stat but nothing
came in the cross examination to establish the allegations against
the accused.
Record reveals that the case is primarily based on the
testimonies of eye witnesses. Testimonies of all the eye witnesses
have already been recorded and none of them supported the
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prosecution case. Rest of the witnesses are formal in nature. No
purpose will be served by further detaining the accused in
custody. Accordingly, accused / applicant Piyush is admitted to
regular bail on furnishing personal bonds in the sum of
Rs.20,000/- with one surety in the like amount and subject to the
following conditions that :-
i) That the accused / applicant shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police office;
ii) That the accused / applicant shall not leave India without
the previous permission of the Court; and
iii) That the accused / applicant shall not commit any offence.
The bail application is disposed of.
A copy of order be given dasti.
A copy of be sent to Jail Superintendent.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
10.09.2026
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