Final Order 1

Order Details: COPY OF ORDER
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BAIL MATTERS 309/2025
Ajay Tomar Vs. State
FIR No. 15387/2025
PS (KARAWALNAGAR)
U/s 305 (b) of BNS, 2023
12.09.2025
Present: Mr. Virendra Pratap Rao Singh, Ld. APP for the State.
Ld. counsel for applicant/accused Ajay Tomar.
BAIL ORDER
1. An application for granting the bail of applicant/accused Ajay Tomar has been filed
through his counsel on the grounds that he is in JC since 29.07.2025. Ld. Counsel
submits that an E-FIR has been registered on the basis of disclosure statement of the
co-accused. He further submits that the applicant/accused is doing a private job and
his mother is totally dependent on the earning source of the applicant/accused. It is
further submitted that the applicant/accused is not previously involved in any other
criminal activities. It is further submitted that the applicant/accused is in JC in Dasna
Jail in another case bearing FIR no.353/2025, U/s 317(2), 345(3) BNS, 2023 and 3/25
of Arms Act, PS Pilakhwa, Distt. Hapur, U.P. He further submits that the
applicant/accused has been falsely implicated in the present case. He prays that
applicant/accused Ajay Tomar be granted bail.
2. Reply filed by the IO, he submits that an on-line FIR has been registered regarding
the stolen of the vehicle. He further submitted that the vehicle has already been
recovered.
3. Heard. Record perused.
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4. It is a cannon of law that bail is a rule and jail is an exception. It has been held by
the Hon'ble Supreme Court of India in plethora of judgments that deprivation of
freedom by refusal of bail is not for punitive purposes but for bifocal interest of
justice. The nature of charge is vital factor and the severity of punishment to which
the accused may be liable if convicted also bears upon the issue.
5. It is held in the judgment of Ash Mohammad v. Shiv Raj Singh, (2012) 9 SCC
446.
"It is clear that though liberty is a greatly cherished value in
the life of an individual, it is a controlled and restricted one and
no element in the society can act in a manner by consequence
of which the life or liberty of others is jeopardised, for the
rational collective does not countenance an anti-social or anti-
collective act."
6. It is held in the judgment of State of Maharashtra v. Sitaram Popat Vetal, (2004)
7 SCC 521.
“It is observed and held by this Court that while granting of
bail, the following factors among other circumstances are
required to be considered by the Court: 1. The nature of
accusation and the severity of punishment in case of conviction
and the nature of supporting evidence; 2. Reasonable
apprehension of tampering with the witness or apprehension of
threat to the complainant; and 3. Prima facie satisfaction
of the court in support of the charge. It is further observed that
any order dehors such reasons suffers from non-application of
mind”.
7. Since, accused has been in JC for more than one and half month. Co-accused
persons have already been released on bail. Recovery of vehicle has already been
effected. No fruitful purpose shall be served keeping the accused behind the bars.
Accused is ready and willing to cooperate in the investigation. Considering the facts
and circumstances the accused Ajay Tomar is admitted to bail in this FIR on
furnishing bail bond in the sum of rupees 10,000/- (Ten thousand) (FDR) with one
surety in the like amount subject to the following conditions:-
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1. That the accused shall not indulge in similar types of offence or any other offence
in the event of release on bail.
2. That he shall not threaten the witness.
3. That he shall not directly or indirectly make any inducement threat or promise to
the person acquainted with the facts and circumstances of the case so as to
dissuade him from disclosing to the court or to any police officer or tamper with
evidence.
4. That in case of change of his residential address he shall intimate the court about
the same.
5. He shall attend the court in accordance with the conditions of bond executed.
6. He shall not leave the country without prior intimation to this court.
7. Annexure B as per the guidelines of Hon'ble High Court of Delhi in Sunil Tyagi
vs. Government of NCT Delhi and another (2021 SCC online Del 3597) to be
filed by the accused along with the surety bonds.
Hard copy and soft copy of the order be also sent to the concerned Jail
Superintendent physically as well as through email in view of the guidelines laid
down by Hon’ble Supreme Court of India in “Re Policy Strategy For Grant of
Bail”.
Copy of the order be uploaded on CIS as well as Layers.
At request of the Ld. Counsel copy of order be given dasti.
.
(ISRA ZAIDI)
JMFC-04/NE/KKDC/DELHI
12.09.2025
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