Order 32

Order Details: COPY OF ORDER
Pdf Text: SC No. 101/2024
FIR No. 698/2023
PS Harsh Vihar
U/s 307/34 IPC.
State vs. Rajan Chaudhary and ors.
(Applicant/accused Vikas Bhadoriya)
06.02.2026
ORDER ON THE REGULAR BAIL APPLICATION OF
APPLICANT/ACCUSED VIKAS BHADORIYA.
Present: Sh. Parmod Kumar, Ld. Addl. PP for State.
1. This is the 5th bail application u/s 483 BNSS filed
on behalf of applicant Vikas Bhadoriya seeking to grant him
regular bail, in FIR No. 698/2023 P.S. Harsh Vihar registered
under Section 307/34 IPC. Applicant is in JC since 28.02.2024.
The present matter is pending before this court at the
stage of prosecution evidence.
2. The case of the prosecution is that on 24.12.2023,
applicant along with two other co-accused persons namely Akash
Danny and Rajan Chaudhary, in furtherance of their common
intention, fired at the complainant Karan Singh but the latter
managed to save himself. The specific role of applicant in the
crime is that he aimed the pistol at complainant Karan Singh but
could not succeed in firing since he was caught hold from behind
by the complainant’s brother Surender Singh due to which the
pistol fell down on the spot from his hand, however, co-accused
Akash fired at the complainant. Thereafter, applicant along with
co-accused Akash @ Danny fled away from the spot, but accused
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Rajan Chaudhary was apprehended at the spot. Later on,
applicant was arrested on 28.02.2024.
3. Ld. counsel for applicant submits that applicant has
been falsely implicated in this case; key witnesses of the
prosecution have already been examined; no recovery was
effected from the applicant; PW Ravi has not supported the case
of the prosecution; vide order dated 02.05.2025, the Hon’ble
Delhi High Court admitted the applicant/accused on interim bail
which was not misused by him and after expiry of the same, he
timely surrendered in jail; he is in JC for almost two years and no
purpose shall be served by keeping him further in custody
especially when all the material witnesses of the prosecution
have already been examined and victim Karan also has no
objection if this application is allowed.
4. Ld. Addl. PP has opposed this application firstly on
the ground that on 22.09.2025, the applicant’s last bail
application was dismissed by this court and since then there is no
change of circumstance to file this application. On merits, he
submits that complainant Karan Singh (PW1) and his brothers
namely Mangal Singh (PW3) and Surender Singh (PW5), all eye
witnesses to the incident, have supported the prosecution case
and specifically named and identified the applicant during their
respective evidence. He also submits that pistol was recovered
from the possession of the applicant. Applicant is argued to be
involved in one other case of similar nature.
5. Arguments considered.
6. Since dismissal of the applicant’s last bail
application on 22.09.2025, no change of circumstance is pointed
out by Ld. Counsel to admit the applicant on bail; on prima facie
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perusal of testimonies of eye witnesses especially PW-1, PW-3 &
PW-5, it appears that they have supported the case of the
prosecution; the role ascribed to the applicant in the occurrrence
is specific; as per record, applicant is involved in several other
cases of similar nature; no objection of victim to grant bail to the
applicant is inconsequential in view of the severity of the
offence.
In the entirety of the facts and circumstances, at this
stage, no ground for bail is made out. Hence, the present bail
application is hereby dismissed.Nothing stated herein above shall
tantamount to the expression of opinion on merits of the case.
Copy of this order be sent to Jail Suptd. concerned
for information to applicant.
It is informed to the applicant he can avail the
services of legal aid from Delhi State Legal Service Authority
Office at Karkardooma Court-Room No. 35 & 36, Districts
Shahdara, Ground Floor, Karkardooma Courts, Delhi.
Contact Number of Ms. Suman, Ld. Legal Aid
Defence Counsel (attached to this court) : 9810642134.
(Charu Aggarwal)
Judge Mediator (Shahdara)
KKD/Delhi/06.02.2026
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