Interim Order 29

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. SURABHI SHARMA VATS, ASJ-04
(SHAHDARA), KARKARDOOMA COURTS, DELHI
SC No. 388/2023, IA No. 15/2026
State Vs. Ranjeet @ Chander
FIR No. 476/2023
PS: Harsh Vihar
U/s 302/307/34 IPC
11.03.2026
File is taken up on an application under Section 483
BNSS seeking regular bail moved on behalf of the applicant/accused
Ranjeet @ Chander.
Present: Sh. S.K. Dubey, Ld. Addl. PP for the State.
Sh. Puran Sharma, Ld. Counsel for the applicant/accused
(in Court).
Sh. Bharat Sharma, Ld. Counsel for the applicant/accused
(through VC).
Sh. Kallu Singh, father of the victim/deceased.
Arguments on the bail application heard.
1. It is submitted by Ld. Counsel for the applicant/ accused
that this is the second bail application of the applicant/accused Ranjeet
@ Chander under Section 483 of BNSS and no similar application is
pending before any Court of law.
2. Ld. Counsel further submitted that the applicant/ accused
Ranjeet @ Chander has been falsely implicated in the present case;
that applicant/accused is in JC since 14.08.2023; that the appilcant/
accused is young boy aged about 29 years; that the applicant/ accused
has been arrested in the present matter only on the basis of the
disclosure statement of the co-accused persons; that there is nothing on
record against the applicant/accused.
3. It is further submitted by Ld. Counsel for the applicant/
accused that applicant/accused is a law abiding citizen and permanent
resident of Delhi having clean antecedents; that the charge-sheet has
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already been filed in the present case and the matter is at the stage of
trial, therefore, no purpose would be served by further keeping the
applicant/accused in JC; that the applicant/accused is ready to abide by
all the directions which this Court pleases to impose him while
enlarging him on bail and is also ready to furnish reliable surety to the
entire satisfaction of the Hon’ble Court.
4. Ld. Addl. PP has opposed the bail application while
submitting that offences committed by the applicant/accused are grave
in nature; that the accused persons including the applicant/accused, in
furtherance of their common intention, launched a deadly attack upon
the complainant/injured Mohit @ Babu and Saajan (deceased) with a
knife, pieces of bricks and stones lying there and consequently killing
Saajan, therefore, it is prayed that bail may not be granted to the
applicant/accused.
5. Ld. Counsel for the applicant/accused has argued that the
complainant/alleged eye-witness of the incident has already been
examined and cross-examined on behalf of the applicant/accused on
11.02.2026; that the complainant, who is the only eye-witness of the
alleged indent, is the most important witness in the present case and
there are major discrepancies, contradictions and improvements in his
statement; that the remaining witnesses are only formal witnesses; that
there are 23 witnesses in the list of Prosecution witnesses and only one
witness has been examined so far, therefore, conclusion of the trial is
like to take time. Further, the applicant/accused has clean antecedents
and is not involved in any other case whatsoever. The applicant/
accused may be admitted on bail and the applicant/accused undertakes
not to misuse the liberty of bail and also undertakes to appear before
the Court on each and every date of hearing without fail.
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6. At this stage, father of the victim/deceased has submitted
that he has no objection if the bail is granted to the applicant/accused
in the present case.
7. This Court has heard the arguments on this application
and has also perused the available record.
8. Applicant/accused is in JC since 14.08.2023. Investigation
in the present matter has already been completed and charge-sheet has
been filed. Matter is at the stage of Prosecution Evidence. The
complainant/victim who is the only eye-witness of the present case has
already been examined as PW-1 and cross-examined on behalf of the
applicant/accused Ranjeet @ Chander.
The role of the applicant/accused is stated to be of
exhortation in the initial statement and that he used stones
(adhhe-
rode) during the alleged incident. Any detailed appreciation or
evaluation of evidence and material on record is not warranted at this
stage. There are 23 witnesses in the list of Prosecution Witnesses and
conclusion of trial is likely to take considerable time. No previous
involvement of the applicant/accused is reported.
Considering the totality of the facts and circumstances
coupled with above stated reasons and without commenting on the
merits of the case, this Court deems it fit to enlarge the applicant/
accused Ranjeet @ Chander on bail. Accordingly, it is hereby, directed
that the accused Ranjeet @ Chander be released on bail on his
furnishing a personal bond in the sum of Rs. 30,000/- with one surety
of like amount, subject to the conditions as mentioned, herein below:
i) That the accused/ applicant shall convey any change in her
address, immediately to the I.O. and to the Learned Concerned
Court.
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ii) That accused/ applicant shall appear before the Court on dates of
hearing;
iii) That accused/ applicant shall not indulge/ commit in any kind of
activities as alleged against him in the present case;
iv) That the accused/ applicant shall not contact, threaten or influence the
complainant, his family members or any of the witnesses.
v) That the accused/ applicant shall not leave the Country without prior
permission of the Court.
vi) That the accused/ applicant shall not directly or indirectly make any
inducement, threat or promise to any person who is acquainted with
the facts of the case so as to dissuade him/her from disclosing such
facts to the Court or to any police officer.
9.
Nothing expressed hereinabove, shall tantamount to any
opinion on the merits of this case.
10. In compliance of directions of Hon’ble Supreme Court in
case titled
‘In Re: Policy Strategy for Grant of Bail’, Writ Petition
(Crl.) No. 04/2021 dated 31.01.2023, e-copy of this order be sent to
applicant/accused via e-mail through concerned Jail Superintendent for
information.
11. The application stands disposed of. Copy of order be
given dasti to Ld. Counsel for the applicant/accused and to the State as
well.
(SURABHI SHARMA VATS)
ASJ-04, Shahdara/KKD Courts,
Delhi/11.03.2026
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