Order 21

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. 12/2025
State Vs. Suraj @ Kachri
FIR No. 476/2023
PS Harsh Vihar
U/s 302/307/34 IPC
17.11.2025
File taken up on an application under Section 439
Cr.P.C. for grant of bail to the applicant/accused namely Suraj @
Kachri.
Present: Sh. S.K. Dubey, Ld. Addl. PP for the State.
Sh. P.K. Trehan, Ld. Counsel for applicant/accused.
Arguments on the present bail application heard.
1. It is submitted by Ld. Counsel for the applicant/ accused
that applicant/ accused has been falsely implicated since he has no
role in the present case and has been intentionally implicated in the
present case; that the applicant/accused has surrendered himself
before the court of Ld. MM and is in judicial custody since
28.03.2024; that co-accused has already been granted bail by this
court on 07.11.2025.
2. Ld. Counsel for applicant/accused has submitted that the
applicant/accused is the sole bread earner of his family; that no
fruitful purpose has been served by keeping the applicant/accused
behind bars; that the applicant/accused is ready to abide by all the
terms and conditions and is also ready to furnish reliable surety to the
satisfaction of the Hon’ble Court, if admitted on bail.
3. Per-contra, Ld. PP for the state has opposed this bail
application while submitting that the allegations and offences against
the accused/ applicant are grave in nature. As per the case of
-- 1 of 4 --
Prosecution, the accused persons in furtherance of their common
intention, committed 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.
Ld. Addl. PP for the State has conceded that as per
information received from IO, the applicant/accused has clean
antecedents and that the alleged eye witness/complainant (injured)
has already been examined qua the incident and his examination is
deferred for want of case property which is in FSL. Ld. Addl. PP for
the State has further conceded that as per the initial statement of the
complainant/victim, the applicant/accused Suraj @ Vikas @ Kachri
was not the initial aggressor and was one of the victims who was
attacked upon by the accused persons and applicant/accused rescued
himself from the scene of crime in order to save his life.
4. Ld. Counsel for the applicant/accused has argued that
applicant/accused is infact the victim of the present case who himself
was attacked upon by the accused persons when he was present with
the complainant Mohit and deceased Saajan and it can be clearly seen
from the statement of complainant Mohit which statement culminated
into the FIR. It is further argued that the present case is being
considerably delayed in absence of the FSL result and the
applicant/accused is facing judicial custody in this false case; that
applicant/accused had co-operated in the investigation of the present
case and had also surrendered before the Court himself before his
arrest and had also surrendered on time when he was admitted on
interim bail, therefore, there are no chances of the applicant/accused
fleeing from justice. Further, the applicant/accused is also ready to
change his residence and is also ready stay away from the area where
the complainant resides, therefore, there is no chance of inducing him
-- 2 of 4 --
or threatening him. The applicant/accused will face the entire trial and
will appeared before the Court on each and every date of hearing; that
applicant/accused is also ready abide by all the terms and conditions
as imposed by this Hon’ble Court while admitting him on bail.
5. Arguments on this application heard. Record perused.
6. As per the initial statement of the complainant dated
14.08.2023, a quarrel ensued between the applicant/accused Vikas @
Kachri and other accused boys during which accused Kuldeep @
Landa supported the applicant/accused Suraj @ Vikas @ Kachri.
Then, the quarrel escalated between them and the complainant,
victim/deceased Saajan, applicant/accused Suraj @ Vikas @ Kachri
and co-accused Kuldeep @ Landa were attacked upon by the other
accused persons. The applicant/accused Suraj @ Vikas @ Kachri and
accused Landa @ Kuldeep allegedly rescued themselves from the
scene of crime in order to save their lives. Nothing has been stated
against the applicant/ accused Suraj @ Vikas @ Kachri in the initial
statement of the complainant/ victim dated 14.08.2023 on which the
FIR in question has been registered.
Applicant/accused is in JC for more than one and half
years. Matter is at the stage of trial, however, conclusion of trial is
likely to take considerable time. Any detailed appreciation or
evaluation of evidence and material on record is not warranted at this
stage. There is no previous involvement of the present applicant /
accused. The Ld. Counsel for applicant/accused has submitted that
applicant/accused undertakes to appear before the Court on each and
every date of hearing without fail and applicant/accused is also ready
to change his current residence and will not roam around in the
vicinity of the complainant/victim.
-- 3 of 4 --
Considering the totality of the facts and circumstances
coupled with above stated reasons, this Court deems it fit to enlarge
the applicant/ accused Suraj @ Vikas @ Kachri on bail. Therefore,
the present bail application stands allowed and applicant/accused
Suraj @ Kachri is admitted to bail on his furnishing personal bond in
the sum of Rs.30,000/- with one surety of like amount, subject to the
conditions as mentioned hereinbelow:
i) That the accused/ applicant shall convey change of address
immediately to the I.O. and to the Learned Concerned Court.
ii) That accused/ applicant shall appear before the Court on dates of
hearing;
iii) That the accused/ applicant shall not indulge in any kind of
activities as alleged against him in the present case;
iv) That the accused/ applicant shall not tamper with the evidence in
any manner;
v) That the accused/applicant shall not leave the country without the
previous permission of the Court.
vi) That the accused/applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the Court or to any police officer.
7.
Nothing expressed hereinabove, shall tantamount to any
opinion on the merits of this case.
8. In complicance of directions of Hon’ble Supereme Court
in case titled ‘
In Re: Policy Strategy for Grant of Bail’, Writ Petition
(Crl.) No. 04/2021 dated 31.01.2023, copy of this order be sent to
applicant through concerned Jail Superintendent for information.
9. Copy of the order be given dasti to Ld. Counsel for
applicant/ accused and to the I.O, as per rules. Bail application stands
disposed off.
(SURABHI SHARMA VATS)
ASJ-04, Shahdara/KKD Courts,
Delhi/ 17.11.2025
-- 4 of 4 --