Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IA No.2/2026 in SC No. 484/2026
State Vs. Asif Khan
FIR No. 140/2026
PS Mahendra Park
U/s. 309(4)/311/317(2)/3(5) BNS
06.10.2026
This is an application under Section 483 BNSS for
grant of regular bail moved on behalf of the accused / applicant
namely Asif Khan.
Present: Dr. Sarita Rani, Ld. Addl. PP for the State.
Sh. Suresh Bhardwaj, Ld. Counsel for accused
/applicant.
Reply to the above said application filed.
1. It was argued by Ld. Counsel for the applicant/accused
that accused / applicant is an innocent person and has been
falsely implicated in the present case as the accused / applicant
has no role in the commission of the alleged offence. It was
further argued that the accused /applicant has been running in JC
since 28.03.2026. It was argued further that there is no injury
caused to any person and no weapon was recovered from the
possession of the accused /applicant, hence, no offence under
section 311 BNS is made out against the accused /applicant. It
was argued further that the accused /applicant has no previous
involvement in any other matter. It is further argued that no
purpose would be served to keep the accused in custody. That
accused is ready to abide by all the terms and conditions. It is
prayed that a lenient view be taken.
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2. On the other hand, Ld. Addl. PP for the State
vehemently opposed the bail application and argued that
allegations against the applicant are serious in nature and if
applicant is released on bail, he may threaten the witnesses and
he may also jump the bail and prayer is made for dismissal of the
bail applications.
3. As per report filed by the IO, it was stated by him that
there is no previous involvement of the accused / applicant in any
other case and investigation qua him has already been completed.
4. I have heard Ld. Counsel for the applicant/accused and
Ld. Addl. PP for the State as well as perused the report filed by
the IO.
5. As per report filed by the IO, the accused / applicant
has not involved in any other criminal case and investigation qua
accused / applicant has already been completed. No weapon of
offence was recovered from the possession of the accused
/applicant and there is no injury caused to the complainant. The
accused /applicant has been running in JC since 28.03.2026. The
trial shall take its own course, no fruitful purpose would be
served by keeping the accused behind the bars. Considering all
the facts and circumstances, without commenting on the merits
of the case, applicant/accused is hereby enlarged on bail on
furnishing of bail bond for a sum of Rs.20,000/- with one surety
of the like amount, who is permanent resident of Delhi/NCR, to
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the satisfaction of the court but subject to the following
conditions:
(a) The applicant/accused shall attend the court
proceedings regularly.
(b) That in case of change of his residential
address, he shall intimate the Court about
the same.
(c) The accused shall not leave the country
without prior permission of the Court.
(d) The accused shall not indulge into similar
offence in the event of release on bail.
(e) The applicant/accused shall not try to contact
or influence the witnesses, in any manner,
directly or indirectly.
Application stands disposed off.
6.
It is clarified that nothing stated herein shall
tantamount to an expression of opinion on the merits of the case.
7. Copy of the order be given
dasti to the Ld. Counsel
for the applicant as well as be sent to concerned IO, concerned
Jail Superintendent, Ld. Secretary, DLSA (North), through all
possible modes, as per rules.
(VANDANA)
Addl. Sessions Judge-02(North)
Rohini Courts Delhi
06.10.2026
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