Full Order Text
Interim Order 9 · 26 Jul 2025 · CNR DLSH010035322023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: Bail Matter No. 983/2025 STATE VS. Gaurav FIR No. 353/2055 PS: Harsh Vihar U/s 309(4)309(6)/311/3(5) BNS 26.07.2025 This is an application under Section 483 BNSS seeking regular bail moved on behalf of applicant/accused Gaurav. Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Sh. Ravinder Kumar, Ld. Counsel for the applicant/accused. IO/SI Rahul Ranjan is present in person. 1. Arguments heard on the present bail application. 2. Put up for remaining arguments, if any/orders on 28.07.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 1 of 24 -- Bail Matter No. 986/2025 STATE VS. Devender Kumar FIR No. 397/2025 PS: Harsh Vihar U/s 110/126(2)/3(5) BNS 26.07.2025 This is an application under Section 483 BNSS seeking regular bail moved on behalf of applicant/accused Devender Kumar. Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Sh. S.K. Jha, Ld.Counsel for the applicant/accused. IO/ASI Radhey Shyam is present in person. 1. Reply filed by IO. Copy of the same has been supplied to Ld. Counsel for the applicant/accused. 2. Submissions heard. 3. Put up for remaining arguments, if any/orders on 28.07.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 2 of 24 -- Bail Matter No. 987/2025 STATE VS. Chetan Prakash FIR No. 397/2025 PS: Harsh Vihar U/s 110/126(2)/3(5) BNS 26.07.2025 This is an application under Section 483 BNSS seeking regular bail moved on behalf of applicant/accused Chetan Prakash. Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Sh. S.K. Jha, Ld.Counsel for the applicant/accused. IO/ASI Radhey Shyam is present in person. 1. Reply filed by IO. Copy of the same has been supplied to Ld. Counsel for the applicant/accused. 2. Submissions heard. 3. Put up for remaining arguments, if any/orders on 28.07.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 3 of 24 -- SC No. 91/2023 STATE VS. Shakti @ Sonu & Anr. FIR No. 766/2022 PS: Jyoti Nagar 26.07.2025 Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Accused Sachin is produced from JC (on bail in this case). Accused Shakti @ Sonu is absent despite several calls since morning. 1. NBW be issued against Accused Shakti @ Sonu through IO for the NDOH. 2. Put up for further proceedings on 04.11.2025 (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 4 of 24 -- SC No. 341/2018 STATE VS. Karan Nath & Anr. FIR No. 79/2018 PS: Madhu Vihar 26.07.2025 Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Accused Karan Nath has appeared through VC. Accused Rita Nath is absent. Sh. Harsh Chugh, Ld. Counsel for accused persons (through VC). 1. Ld. Addl. PP seeks an adjournment while submitting that he needs some more time for moving an application for reacquiring the admitting handwriting of the deceased and for sending it to the FSL. 2. Submissions heard. Record perused. 3. Put up for arguments on Charge on 05.08.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 5 of 24 -- SC No. 422/2018 STATE VS. Praveen Kumar & Ors. FIR No. 387/2016 PS: Farsh Bazar 26.07.2025 Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. All accused persons are present on bail with Ld. Counsel Sh. N.K. Gupta. 1. PW HC Vinod has been examined as PW-17. He has been cross-examined and discharged. 2. PW Retd. SI Rohtash has been partly examined in chief as PW-18. His further examination in chief is deferred at the request of Ld. Counsel for accused as he has to rush to other District court. 3. Put up for PE on 29.07.2025, the date already fixed. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 6 of 24 -- SC No. 58/2019 STATE VS. Amit Kumar @ Heera @ Munshi FIR No. 268/2018 PS: Jyoti Nagar 26.07.2025 Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Accused is present on bail along with Ld. LAC Sh. Rajesh Yadav. 1. PW-4 Retd. SI Jaivinder Singh has been cross-examined and discharged. 2. No other witness is present. 3. Put up for remaining PE on 17.09.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 7 of 24 -- SC No. 348/2019 STATE VS. Nizamuddin @ Nizam FIR No. 82/2019 PS: Nand Nagri 26.07.2025 Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Accused is absent. Sh. Tushar Upadhyaya, Ld. Counsel for accused. PW HC Sonu Bhati is present in person. 1. Ld. Counsel for accused submits that he has no information regarding absence of accused. 2. Submissions heard. Record perused. Bailable warrant in the sum of Rs.2,000/- be issued against the accused Nizamuddin @ Nizam with notice to his surety for the NDOH. 3. At request of Ld. Counsel for accused, PW HC Sonu is discharged unexamined for today for want of accused. 4. Put up for PE on 12.11.2025. PW HC Sonu Bhati and Dr. Sandeep be summoned for the NDOH. Ahlmad is directed to annex copy of MLC with the summon of Dr. Sandeep. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 At this stage (12:50 pm) Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. -- 8 of 24 -- :2: Accused Nizamuddin @ Nizam has appeared in person. He submits that he got late due to some personal exigency. Submissions heard. Record perused. Bailable warrant issued against accused Nizamuddin @ Nizam with notice to his surety stands cancelled. He is warned to be careful in future. Put up for PE on 12.11.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/25.07.2025 -- 9 of 24 -- SC No. 277/2024 STATE VS. Prince & Ors. FIR No. 118/2024 PS: Madhu Vihar 26.07.2025 Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Accused Rahul produced from JC (through VC). Accused Shiva and Prince produced JC. Sh. Kapil Khanna, Ld. Counsel for all the accused persons. 1. PWs Sonu and Sunny have been examined as PW-2 and PW- 3 respectively, cross-examined and discharged. 2. At this stage, Ld. Counsel for the accused persons submit that the accused persons wish to admit the following documents u/s 294 Cr.PC/330 BNSS- i) Registration of present case FIR i.e. FIR No. 118/24, PS Madhu Vihar (without contents) (Ex.A1). ii) Recording of DD Entry No. 32A dated 07.04.2024 and DD Entry No. 0033A dated 07.04.2024 (Ex.A2 and Ex.A3 respectively). iii) MLC No. 2589 of complainant Sonu dated 07.04.2024 (Ex.A4). iv) Statement of HC Amit recorded U/s. 161 Cr.P.C (Ex.A5). v) Statement of HC Sachin Tyagi recorded U/s. 161 Cr.P.C (Ex.A6). vi) Statement of HC Harsh recorded U/s. 161 Cr.P.C (Ex.A7). vii) Statement of Ct. Mordhwaj recorded U/s. 161 Cr.P.C (Ex.A8). viii) Seizure memos of accused Shiva, Rahul and Prince dated 07.04.2024 (Ex.A9 to A11). -- 10 of 24 -- ix) DD entry No. 0069A dated 09.04.2024 (Ex.A12). x) Chargesheet dated 07.04.2024 (Ex.A13). In view of this admission of documents (as mentioned above) u/s. 294 Cr.P.C., evidence of Prosecution Witnesses ASI Sushil Kumar, W/HC Alkesh, Dr. Parveen Raj, Dr. Suraj, Dr. Kavita, HC Amit, HC Sachin, HC Harsh Yadav, Ct. Mordhawaj, SI Karan Tiver and SI Shiv Om mentioned at serial nos. 4 to 15 respectively in the list of PWs, is hereby dispensed with and these PWs are dropped from list of PWs. 3. Ld. Counsel for the accused and Ld. APP for the State submit that now none of the witness remains to be examined, therefore, PE may be closed. Accordingly, PE stands closed. Perusal fo the record reveals that nothing incriminating on record has emerged against the accused persons, thus, SA stands dispensed with. 4. Accused persons submit that they do not wish to lead any DE, thus, accordingly DE stands closed and final arguments are heard. 5. Put up for judgment at 04:00 PM. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 11 of 24 -- SC No. 277/2024 STATE VS. Prince & Ors. FIR No. 118/2024 PS: Madhu Vihar 26.07.2025 AT 04:00 PM Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Accused Rahul produced from JC (through VC). Accused Shiva and Prince produced JC. Sh. Kapil Khanna, Ld. Counsel for all the accused persons (through VC). 1. Vide separate Judgment of the even date, the accused persons namely Rahul, Shiva and Prince are hereby, acquitted for the offences punishable U/s 392/394/397/34 IPC. 2. All the accused be released from JC forthwith, if not required to be detained in any other case. 3. Accused persons are directed to furnish bail bond/ surety bond U/s 437A Cr.PC/ 481 BNSS in the sum of Rs. 20,000/- each with one surety of like amount. 4. Ld. Counsel for the accused persons seeks two days time for furnishing bail bonds/surety bond U/s 481 BNSS. Time sought is granted. 5. At request, put up for furnishing bail bonds/surety bonds U/s 437A Cr.P.C/ 481 BNSS on 29.07.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 12 of 24 -- -- 13 of 24 -- SC No. 355/2017 STATE VS. Prince FIR No. 118/2024 PS: Madhu Vihar 26.07.2025 Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 14 of 24 -- SC No. 355/2017 STATE VS. Gaurav & Anr. FIR No. 278/2017 PS: Nand Nagri 26.07.2025 Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Accused Gaurav is already declared PO vide order dated 22.09.2022. Accused Deepak @ Devender @ Gattu and Naveen @ Chotu are present on bail. Sh. Ravinder Kumar, Ld. Counsel for accused Deepak @ Devender @ Gattu. Sh. Trilok Singh, Ld. Counsel for the complainant. 1. Part arguments heard on behalf of complainant. 2. Put up for remaining final arguments on 27.08.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 15 of 24 -- SC No. 257/2025 State v. Kaif and Ors. FIR No. 149/2024 PS Jyoti Nagar 26.07.2025 Fresh Sessions case received on assignment. It is checked and registered as per rules. Ahlmad is directed to specifically check and report whether the bail bonds of the accused (s), copies of statement recorded under Section 161 Cr.P.C/180 BNSS and statement recorded under Section 164 Cr.P.C/183 BNSS, if any are completely filed with the record. Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Both accused persons are present on bail. Sh. Imran, Ld. Counsel for all the accused. 1. Ld. Addl. PP for the State requests for calling IO as his assistance is required while addressing arguments on charge. Submissions heard. 2. Put up for arguments on charge on 24.11.2025. Issue notice to IO for NDOH. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 16 of 24 -- SC No. 258/2025 State v. Nazim FIR No. 272/2015 PS Jagatpuri 26.07.2025 Fresh Sessions case received on assignment. It is checked and registered as per rules. Ahlmad is directed to specifically check and report whether the bail bonds of the accused (s), copies of statement recorded under Section 161 Cr.P.C/180 BNSS and statement recorded under Section 164 Cr.P.C/183 BNSS, if any are completely filed with the record. Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Accused is absent. 1. Issue summons to the accused and notice to the surety to appear before the Court on NDOH. 2. Put up for further proceedings on 06.09.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 17 of 24 -- SC No. 169/2023 STATE VS. Prahlad @ Gaurav FIR No. 86/2020 PS: Farsh Bazar 26.07.2025 Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Accused Prahlad @ Gaurav is produced from JC. Ms. Payal Gupta, Ld. Amicus Curiae for accused Prahlad @ Gaurav present through VC. 1. Ld. Amicus Curiae seeks some time for final arguments. Time sought is granted. 2. Put for final arguments on 30.07.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 18 of 24 -- SC No. 77/2023 STATE VS. Rhitik Chauhan @ Somu FIR NO. 579/2022 U/s 302/34 IPC PS Welcome 26.07.2025 File taken up on Verification of bail bond on behalf of accused Rhitik Chauhan @ Somu. Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Sh. K.P. Sharma, Ld. Counsel for accused/applicant Bhura. Sh. Mohan Singh, surety on behalf of accused Rhitik Chauhan @ Somu. 1. Bail bond verification report of accused/surety received on record. 2. As per the report, address and document i.e. RC of surety Mohan Singh has been duly verified. Surety Mohan Singh submits that he is the uncle of the accused Rhitik Chauhan @ Somu and he undertakes that accused Rhitik Chauhan @ Somu shall appear before the court on the dates of hearing. 3. Submissions heard. Record perused. 4. Considering the above submissions and positive bail bond verification report, bail bond of the accused/ applicant is hereby, accepted. Original RC of surety Mohan Singh be retained on record. Robekar in this regard be issued to the surety. 5. Accused Rhitik Chauhan @ Somu be released from JC, if not required to be detained in any other case. -- 19 of 24 -- 6. Ahlmad is directed to prepare Release Warrant of the accused Rhitik Chauhan @ Somu forthwith. 7. File be put up on date already fixed i.e. on 14.11.2025. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 20 of 24 -- CA No. 112/2025 Alka Jain Vs. The State & Ors. 26.07.2025 Fresh Appeal received by way of assingment. It be checked and registered as per rules. Present: Sh. S.K. Dubey, Ld. Addl. PP for the State. Husband of appellant Sh. Bijender Kumar Jain is present in person. Sh. Piyush Mittal, Ld. Counsel for the appellant (through VC). 1. Submissions heard. Record perused. 2. Notice of the present appeal be issued to the respondents for 02.08.2025. 3. At this stage, Ld. Addl. PP for the State has received notice on behalf of respondent no.1 i.e. State. He submits that he has received the copy of the Appeal and annexed documents. 4. Issue notice to the respondent nos.2 and 3 on filing of PF/RC, returnable on NDOH. 5. Put up for arguments on present Appeal on 02.08.2025. TCR be summoned 2 days prior to NDOH. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 21 of 24 -- SC No. 58/2019 STATE VS. Amit Kumar @ Hera @ Munesh FIR No. 268/2018 PS: Jyoti Nagar 26.07.2025 Statement of PW-4 Retd. SI Jaivinder Singh (recalled for his cross-examination after 12.02.2020). XXXX by Sh. Rajesh Yadav, Ld. LAC for accused. When DD No. 9A already exhibited as Ex.PW4/A was received to me, I was present in the PS. I along ASI Jitender reached at the spot on my motorcycle. The place of incident is at a distance of about ½ Kms. When we reached at the spot, 30-40 public persons were already present there. We had recorded the statements of few public persons at the spot but I do not remember their names. The liqour shop was about 50-60 feet away from the place where the dead body was lying. ThJaivie Railway line was about 10-12 feet away from the place where the dead body was lying. I do not remember as in which direction the head or feet of the dead body was lying. I do not remember that at what time the Crime Team reached at the spot. There were three persons in the Crime Team. The members of Crime Team clicked the photographs of the spot on my instructions. I do not remember as to how many photographs were clicked by the Crime Team. I do not know as to whether the chance prints were taken by the Crime Team or not. The Crime Team remained at the spot for about an hour. During that time, I had collected all the exhibits from the spot. No videography or photography was done while collecting the exhibits from the spot. The Crime Team had clicked the -- 22 of 24 -- photographs of the blood stained stone prior to cutting of the same. After sealing all the exhibits, I handed over the seal to ASI Jitender. It is wrong to suggest that I have not mentioned anything with regard to handing over the seal to ASI Jitender in Ex. PW4/B, Ex.PW4/C and Ex. PW4/D. I remained at the spot for about 3-4 hours. I had not asked any public person to join the proceedings at the time of preparation of Ex. PW4/B, Ex.PW4/C and Ex. PW4/D. There is no CCTV installed at the place of incident. I had not checked any CCTV camera at the liquor shop. Vol. There is no CCTV camera installed at the liquor shop. No liquor bottles were found near the dead body. I had not sent rukka to the PS for registration of FIR on that day. I had not prepared the site plan on that day. I had returned back to PS on my motorcycle. I met with witness Nikhlesh Shukla for the first time on 30.07.2018. It is incorrect to suggest that Nikhlesh Shukla was the Secret Informer of the Police and he used to meet me occasionally. (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 23 of 24 -- SC No. 277/2024 State Vs. Prince & Ors. FIR No. 118/2024 PS: Madhu Vihar 26.07.2025 Statement under Section 294 Cr.P.C/330 BNSS Statement of Sh. Kapil Khanna, Enrol. No. D/12793/24, Ld. Counsel for all the accused persons. Without oath: I am the counsel/Advocate for all the accused persons in the present FIR. I, hereby, state that accused persons are admitting the following documents through me. I have already apprised the accused persons about the legal consequences of admissions of these documents, which are as under:- i) Registration of present case FIR i.e. FIR No. 118/24, PS Madhu Vihar (without contents) (Ex.A1). ii) Recording of DD Entry No. 32A dated 07.04.2024 and DD Entry No. 0033A dated 07.04.2024 (Ex.A2 and Ex.A3 respectively). iii) MLC No. 2589 of complainant Sonu dated 07.04.2024 (Ex.A4). iv) Statement of HC Amit recorded U/s. 161 Cr.P.C (Ex.A5). v) Statement of HC Sachin Tyagi recorded U/s. 161 Cr.P.C (Ex.A6). vi) Statement of HC Harsh recorded U/s. 161 Cr.P.C (Ex.A7). vii) Statement of Ct. Mordhwaj recorded U/s. 161 Cr.P.C (Ex.A8). viii) Seizure memos of accused Shiva, Rahul and Prince dated 07.04.2024 (Ex.A9 to A11). ix) DD entry No. 0069A dated 09.04.2024 (Ex.A12). x) Chargesheet dated 07.04.2024 (Ex.A13). RO&AC (SURABHI SHARMA VATS) ASJ-04/Shahdara/KKD Courts, Delhi/26.07.2025 -- 24 of 24 --
