Order 32

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. 18/2026
State Vs. Himanshu
FIR No. 476/2023
PS: Harsh Vihar
U/s 302/307/34 IPC
02.05.2026
File is taken up on an application under Section 483
BNSS seeking regular bail moved on behalf of the applicant/accused
Himanshu S/o Sh. Rajender.
Present: Sh. S.K. Dubey, Ld. Addl. PP for the State.
Sh. Amit Tyagi, Ld. Counsel for the applicant/accused.
Arguments on the bail application heard.
1. It is submitted by Ld. Counsel for the applicant/ accused that
applicant/ accused has been falsely implicated in the present case; that the
applicant/accused has no role in the commission of the alleged offence; that
the investigation of the present case is complete and the charge-sheet has
already been filed in the present case; the matter is at the stage of
Prosecution Evidence, therefore, no purpose would be served by keeping the
applicant/accused behind bars.
2. It is further submitted by the Ld. Counsel for the
applicant/accused that the co-accused namely Ranjeet @ Chander, Kuldeep
@ Landa, Vikash @ Kachri have already been admitted to bail and the co-
accused Himanshu Sharma, who has somewhat similar role as of the
applicant/accused has also been admitted on bail, therefore, the
applicant/accused deserves to be released on bail on the ground of parity;
the applicant/accused undertakes not tamper with the prosecution evidence
or influence any witness in any manner whatsoever; that the applicant/
accused is also ready to abide by all the directions which this Court pleases
to impose upon him while enlarging him on bail and is also ready to furnish
sound surety to the entire satisfaction of the Hon’ble Court.
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3. 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
Himanshu, 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.
4. Ld. Counsel for the applicant/accused has argued that the
complainant/alleged eye-witness of the incident has already been
examined and cross-examined; 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.
5. This Court has heard the arguments on this application
and has also perused the available record.
6. Applicant/accused is stated to be in JC since 14.08.2023.
Investigation in the present matter has already been completed and
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charge-sheet has been filed. Matter is at the stage of Prosecution
Evidence.
As per the initial statement of the complainant, the role of
the applicant/accused is stated to be of exhortation and catching hold
of the victim while the victim (now deceased) was stabbed by co-
accused Gaurav. Role of the applicant/accused Himanshu S/o Rajender
is stated to be similar to the co-accused Himanshu Sharma, who has
also been admitted on bail. Applicant/ accused is stated to be not
previously involved in any other case.
The complainant/victim, who is the eye-witness of the
present case, has already been examined and cross-examined. Any
detailed appreciation or evaluation of evidence and material on record
is not warranted at this stage.
Trial of the matter is likely to take considerable time. Ld.
Counsel for the applicant/ accused has stated that the accused/
applicant undertakes that accused shall appear before the Court on
each and every date of hearing and abide by all the conditions.
Considering the totality of the facts and circumstances
coupled with above stated reasons, role of the applicant/accused, parity
with the co-accused and without commenting on the merits of the case,
this Court deems it fit to enlarge the applicant/ accused Himanshu S/o
Rajender on bail. Accordingly, it is hereby, directed that the accused
Himanshu S/o Rajender 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.
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;
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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.
7.
Nothing expressed hereinabove, shall tantamount to any
opinion on the merits of this case.
8. 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.
9. 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/02.05.2026
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