Interim Order 26

Order Details: COPY OF ORDER
Pdf Text: SC No. 147/2023
IA No. 2/2025
State vs. Ajay Kumar
FIR No. 399/2022
PS GTB Enclave
U/s 307/201 IPC
16.10.2025
This is 2nd application u/s 483 BNSS for grant of
regular bail moved on behalf of applicant/accused Ajay Kumar.
Present during bail arguments:-
Sh. Sobit, Ld. Addl. PP for the State.
Sh. B P Sharma, Sh. Ashish Gill and Ms. Shivani
Kathpalia, Ld. Counsels for applicant/accused Ajay
Kumar.
IO/SI Arvind Bhimwal in person.
ORDER
1. It is argued by Ld. counsel for applicant/accused that
he has been falsely implicated in the present case and he is in JC
since 15.09.2022. In the FIR, there was no accused mentioned
and FIR was registered on the statement of ASI Trilok Kumar.
Subsequent registration of FIR, IO recorded the statement of
victim in question-answer form without approval of senior
officers of police, without the presence of the doctor and without
the presence of any witness in the GTB Hospital. The recovery
was shown from near electricity transformer under the soil,
though it was recorded by the IO that he had thrown the knife
used in the crime in the bushes near Gagan Cinema. The victim
has suffered only three superficial injuries as per her MLC and
none of them is dangerous and victim has been partly examined
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and she is not traceable now. No purpose would be served by
keeping the accused behind the bars and trial will take
considerable time. The applicant/accused is charged u/s 307 IPC,
which is maximum punishable up to 10 years and as per section
479 BNSS, first time offender can be released on bail after
completion of 1/3 of maximum sentence and applicant/accused is
not previous convict and there is no case is pending against him.
2. Ld. Addl. PP for the State has opposed the bail
application on the ground of gravity of offence and that he had
played an active role in the commission of crime and used the
knife in the commission of crime and caused injuries to victim
with intention to kill and he had thrown the knife. He may
influence the witnesses, if released on bail.
3. IO has filed a reply and opposed the bail application.
4. I have heard the rival contentions of the bail
application and perused the record.
5. As per the case of prosecution, on 12.09.2022, ASI
Trilok was on emergency duty. A PCR call was received vide DD
No. 53A regarding an injured woman lying in the DEM Building,
3rd Floor, GTB Hospital, Delhi. On reaching the spot with Ct.
Sunny, it was found that blood was scattered on the staircase, and
the injured woman had already been shifted to the hospital
emergency. The injured woman was identified as Shivani, who
had grievous injuries on her throat, wrists and head as per MLC
No. E/5136/18/22 of GTB Hospital. CCTV footage confirmed
that Ajay Kumar was with the victim prior to the incident.
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6. Accused Ajay Kumar was apprehended on
14.09.2022 near Gagan Cinema, Nand Nagri and identified by
the complainant’s brother. During interrogation, accused
admitted premeditated attack on the victim with a knife,
snatching her mobile and jewellery and disposing of the stolen
items. Victim consistently stated that accused Ajay Kumar called
her under the pretext of beauty parlour work and took her inside
the DEM Building, assaulted her with a knife on hands and neck
and left her unconscious. She identified him in CCTV footage
and in person. The blood stained clothes and shoes of accused
and recovered knife were sent to FSL Rohini, Delhi and the said
report filed before the Court and confirmed that blood on the
exhibits matched with the victim, conclusively linking the
accused to the attack. The offences u/s 394 IPC and 201 IPC
were added. Statements were got recorded in Court u/s 164
Cr.PC on 10.02.2023 and 28.06.2023, confirming the direct
involvement of accused and premeditation, and the
supplementary charge-sheet u/s 307/394/397/201 IPC was filed.
7. Victim suffered grievous hurt as a result of assault
by the accused with the use of knife and it had a devastated effect
on her body and since the assault, she was not able to speak
properly and applicant/accused has destroyed her life completely
and also robbed her. Maximum punishment for the offence is
imprisonment for life and victim has also stated the manner of
commission of offence against her in her statement u/s 164 Cr.PC
and specifically named applicant/accused in the same, who was
known to her and called her on the pretext of job and then, he
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brutally assaulted her to robber her. Victim has not been
examined completely and accused may influence the witness, if
released on bail.
8. The applicant/accused is charged u/s 307/394/397
IPC and it is punishable for imprisonment for life and the offence
is grave in nature and proviso of section 479 BNSS will not be
applicable to the present case.
9. Considering the above facts and circumstances of
the case, the 2nd regular bail application of the applicant/accused
Ajay Kumar is hereby dismissed.
The bail application is accordingly disposed of.
Copy of this order be sent to Jail superintendent
concerned, IO/SHO concerned and be given dasti to Ld. counsel
for accused.
(Kumar Rajat)
ASJ-07/SHD/KKD Courts/Delhi
16.10.2025
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