Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 45
Bail SC No. 127/2026
FIR No. 675/25
PS North Rohini
STATE Vs. Shivam
u/s. 309(4)/309(6)/311/317(2)/3(5) BNS
09.04.2026
Present : Ld. Addl. PP for the State.
Ld. Counsels Sh. Ashish Kumar and Sh. Amit Madaan for
for applicant/ accused.
IO SI Randeep in person.
1. The present application has been moved under Section 483
BNSS, 2023 for grant of regular bail for applicant/accused Shivam.
2. Ld. Counsel for the applicant/accused has submitted that no
similar application of the applicant/accused is pending before any other
court.
3. Reply already filed. Copy already supplied.
4. Ld. Counsel for applicant/ accused argued on the lines of
bail application and has submitted that the present case is false and
manipulated and applicant has been made an scapegoat. It is further
submitted that applicant has not committed any offence and the
allegations levelled against him are forged, fabricated and concocted. It
is further submitted that complainant has failed to identify the applicant/
accused during TIP proceedings. It is further submitted that
identification of the present applicant/ accused by the witness Sonu
Yadav is immaterial as nowhere in the charge sheet has been mentioned
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that he was present at the spot. It is further submitted that allegations of
stabbing the complainant are against co-accused Vishal. It is further
submitted that all the accused persons have been arrested and no
recovery has been effected from the present applicant/ accused. It is
further submitted that investigation has been completed and chargesheet
has already been filed. Therefore accused is no more required for
further investigation and no purpose will be served by keeping him
behind the bars. It is further submitted that applicant belongs to a poor
family and he has no previous criminal record. It is prayed that he be
released on bail.
5. Ld. Addl. PP for State assisted by IO opposed the bail
application on the ground that offence is grave and serious in nature. It
is further submitted that applicant/ accused was actively involved in the
alleged incident and during TIP he has been correctly identified by the
eye witness. It is further submitted that applicant/ accused has no
permanent address in Delhi and if he is released on bail he may jump
the bail.
6. Submissions heard. Record perused.
7. As per the case of prosecution, applicant/ accused
alongwith his associates committed robbery and snatched the gold chain
with locket and co-accused stabbed the complainant with knife. During
investigation on 31.10.2025 accused Vishal Kumar was arrested on the
basis of CCTV footage and during interrogation he disclosed the
involvement of present applicant in the present case. The weapon/ knife
used in the commission of offence was recovered from the co-accused.
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During further investigation efforts were made to trace the present
applicant but he could not be traced. On 23.12.2025 present applicant
surrendered himself before the court of Ld. JMFC. Thereafter the
present applicant was arrested and during investigation, TIP of
applicant/ accused was got conducted and he was correctly identified by
the eye witness.
8. The allegations against the applicant are certainly grave
and serious in nature. As per the allegation he was actively involved in
the comimssion of alleged offence and he was correctly identified by
the witness Sonu Yadav during TIP proceedings. The trial is at intial
stage as charges are yet to be framed and evidence of material witnesses
is yet to be recorded. Therefore considering the overall facts and
circumstances, I am of the opinion that this is not a fit case to grant bail
at this stage.
9. Accordingly, bail application stands dismissed.
10. In view of the recommendations of Rules Committe u/s.
523 of BNSS, 2023 with respect to the practice directions issued by
Hon’ble Supreme Court of India in Writ Petition No. W.P.(C)
1082/2022 Subhash Chakma Vs. Union of India & Ors., the applicant
can avail the free legal facility from District Legal Services Authority
(North West) at Room No. 405, 4th Floor, District Court Rohini, Delhi -
110085. Applicant may contact the authority on phone number 011-
27555536 of through mail at e-mail ID i.e. northwest-dlsa@nic.in.
11. It is clarified that nothing observed hereinabove shall have
any bearing on the merits of the case.
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12. The application stands disposed of accordingly.
13. Copy of the order be given dasti.
14. Copy of the Order be sent to applicant/ accused through
concerned Jail Superintendent.
(MUNEESH GARG)
ASJ-03 (NORTH-WEST)
ROHINI COURTS
DELHI/09.04.2026
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