Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Page No. 1 of 4
15 Bail Matters 1214/2026
STATE OF DELHI Vs. ALI HUSSAIN
FIR No. 24/2025
PS Railway Sarai Rohilla
02.07.2026
Video Conferencing facility is active throughout the
proceedings during the day.
This is application under Section 483 Bhartiya Nagrik Suraksha
Sanhita, 2023 for grant of bail moved on behalf of the applicant Ali
Hussain.
Present: Ms. Nimmi Sisodia, Ld. Substitute Addl. PP for the State.
Sh. Pankaj Kumar, Ld. counsel for the applicant/accused.
TCR received. Taken on record.
Arguments heard.
ORDER ON THE BAIL APPLICATION:
Vide this order, this Court shall adjudicate upon the bail
application filed under Section 483 BNSS on behalf of the applicant
Ali Hussain.
1. Ld. Counsel for applicant/accused submitted that the
applicant/accused is falsely implicated in the present FIR and is
running in JC since 04.05.2026.
2. It is further averred that applicant/accused is 19 years old, his
TIP is unsuccessful, recovery has been planted upon
applicant/accused, there is no CCTV footage of the alleged incident,
applicant/accused was not named in the FIR, he was arrested on the
basis of disclosure statement of CCL and he is not a previous convict.
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3. It is further averred that the accused/applicant is no more
required for the custody as investigation is complete and no
useful purpose would be served by keeping him behind the bars. It is
further averred that trial will take long time. It is further averred that
the accused/applicant undertakes to abide by all the terms and
conditions imposed on the applicant in case the bail is granted.
4. Ld. counsel for applicant/accused has relied upon following
judgments:
a. Prabhakar Tewari Vs. State of UP dated 24.01.2020
b. Maulana Mohd. Amir Rashadi Vs. State of UP
c. Naresh Kumar @ Pahelwan Vs. State of NCT of Delhi
d. Union of India Vs. K.A. Najeeb (2021) 3 SCC 713
e. Sanjay Chandra Vs. CBI (2012) SCC 40
f. State of Rajasthan Vs. Balchand @ Balia 1977
g. Joginder Kumar Vs. State of UP
5. Ld. Substitute Addl. PP for the State vehemently opposed the
bail application on the ground that the nature of crime is heinous,
material witnesses are yet to be examined and bail at this stage could
raise the apprehensions to witnesses and same would raise the
impediments in the free and fair trial. It is further submitted that
family members of applicant/accused do not have any control over
him and he is a habitual offender who can indulge in similar kind of
offences on being released. It is further submitted that
judgments/citations relied upon by Ld. Counsel for the
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applicant/accused are not applicable to case in hand as the facts and
circumstances of said cases are different from the present case. It is
prayed that application be dismissed.
6. I have heard the submissions and perused the record and relied
upon citations carefully.
7. Perusal of the record reveals that charge-sheet has already been
filed in the present matter for the offence under Section
309(2)/309(4)/310(2)/111/317(2)/3(5) BNS.
8. Perusal of the reply filed by the IO reveals that
applicant/accused is running a gang by the name of “pichcha gang”
which is involved in committing offence of snatching and robbery in
the trains. It further reveals that family members of applicant/accused
do not have any control over him, applicant/accused is a habitual
offender having previous involvement and there is apprehension that
he can commit similar offences and can jump the bail on being
released.
9. In view of aforesaid facts and circumstances, considering the
gravity of the offence, seriousness of the allegations levelled against
the accused/applicant, fact that trial is at initial stage, fact that material
witnesses are yet to be examined, apprehensions that he can commit
similar kind of offences, influence the witnesses and can abscond on
being released and finding force in the submissions made by Ld.
Substitute Addl. PP for the State and in the reply of IO, this Court is
not inclined to enlarge accused/applicant Ali Hussain on bail at this
stage. Accordingly, the present bail application stands dismissed and
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disposed of.
10. Needless to say, the above-mentioned observations are
predicated solely on the facts as alleged, and brought forth at this
juncture, and are not finding on merits, and would also have no
bearing on the merits of the case.
Copy of this order be sent to SHO concerned for information.
Copy of this order be given dasti to the Ld. Counsel for accused as
well as to the Ld. Prosecutor for record.
TCR be sent back.
Order be uploaded on CIS.
(SHILPI JAIN)
ASJ-02, Central, THC
Delhi/02.07.2026
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