Delhi High Court
Vikas Kumar vs State Nct Of Delhi on 20 May, 2025
$~62 & 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.05.2025
+ BAIL APPLN. 1936/2025 & CRL.M.A. 15606/2025
VIKAS KUMAR .....Petitioner
Through: Mr. Sangram Singh and Mr. Brajesh
Kumar, Advocates.
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Nawal Kishore Jha, APP for State
with SI Narender, PS Vikaspuri.
2
+ BAIL APPLN. 1063/2025
SAGAR @ NEPALI .....Petitioner
Through: Mr. Bharat Bhushan Bhatia,
Advocate.
versus
STATE GNCT OF DELHI .....Respondent
Through: Mr. Nawal Kishore Jha, APP for State
with SI Narender, PS Vikaspuri.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT (ORAL)
1. In furtherance of last order passed in Bail Application No. 1063/2025,
prosecution had filed Status Report along with MLCs of injured persons and
CCTV footage. In Bail Application No. 1936/2025, learned APP
accompanied with Investigating Officer/SI Narender accepts notice. As
BAIL APPLN. 1936/2025 & BAIL APPLN. 1063/2025 Page 1 of 4 pages
Date: 2025.05.20 17:44:33 +05'30'
submitted by both sides, both these applications arise out of same incident
and on the basis of Status Report filed in the Bail Application No.
1063/2025, both applications can be heard and decided together.
2. I have heard learned counsel for accused/applicants and learned
prosecutor assisted by the Investigating Officer.
3. The accused/applicants, suffering incarceration since 15.12.2024
(Vikas) and 16.12.2024 (Sagar) seek to be released on bail in case FIR No.
635/2024 of PS Vikaspuri for offence under Section 110/3(5)/109 BNS.
4. Briefly stated, the prosecution case as unfolded through the FIR
registered on the statement of injured Devesh is as follows. On 14.12.2024
at about 10:30 pm, when Devesh was about to reach home, he received
phone call from Harshit Tyagi, who informed that 3-4 boys were planning to
kill him (Harshit Tyagi). So, Devesh immediately reached K.K. Dhaba in C-
Block Market, where Harshit Tyagi informed that few boys were standing at
the gate of Subhash Vatika; and that those boys had some money dispute
with owner of China Town restaurant and when he (Harshit) tried to
intervene, those boys threatened him. Hearing this, Devesh along with
Harshit Tyagi reached at the gate of Subhash Vatika; over there those 3-4
boys ran towards them and attacked both of them with knives. Those boys
were dragging Harshit Tyagi towards toilet and one of them was exhorting
accused Sagar to stab on neck of Harshit Tyagi. In the meanwhile, few
persons from market came to save them and took them towards market. In
the meanwhile, Devesh lost consciousness due to heavy bleeding and he
BAIL APPLN. 1936/2025 & BAIL APPLN. 1063/2025 Page 2 of 4 pages
Date: 2025.05.20 17:44:15 +05'30'
regained consciousness in the hospital, where his statement was recorded.
5. In the above backdrop, learned counsel for accused/applicants
contended that because of the long incarceration of the accused/applicants, it
is now appropriate to release them on bail, especially because the injured
Devesh and Harshit Tyagi stood discharged from hospital after preliminary
treatment. Learned counsel for accused/applicants also showed me in his
mobile phone a video clip reflecting the injuries suffered by the accused
Sagar. Learned counsel for accused/applicants also took me through MLCs
of the accused persons reflecting that the accused/applicant Sagar suffered
partial amputation of his index finger besides other injuries. Learned counsel
for accused/applicants submitted that in this group fight, both sides suffered
injuries but the local police acted in a partisan manner, registering the FIR
only against the accused/applicants, so they had to approach the Magisterial
Court, from where on directions FIR against the injured persons also was
registered.
6. On the other hand, learned prosecutor referred to the injuries suffered
by the injured persons, especially the injured Harshit Tyagi, nature of whose
injuries have been opined grievous by the doctor, though there appears to be
no explicit parameter on the basis whereof the injuries were opined
grievous. Learned prosecutor also referred to the CCTV footage, which was
played in court. But the said CCTV footage does not depict the incident; it
only depicts few persons walking across the street.
7. Considering the overall circumstances as described above, especially
BAIL APPLN. 1936/2025 & BAIL APPLN. 1063/2025 Page 3 of 4 pages
2025.05.20 17:44:00 +05'30'
Digitally Signed
By:NEETU N NAIR
Signing Date:20.05.2025
18:45:38
the serious injury suffered by the accused Sagar and totally partisan attitude
of the local police, which casts shadow of doubts on genesis of the incident,
I find no reason to deny liberty to the accused/applicants who have already
suffered incarceration for about past six months.
8. Both these applications are allowed, thereby directing that the
accused/applicants be released on bail subject to each of them furnishing a
personal bond in the sum of Rs. 10,000/- with one surety in the like amount
to the satisfaction of the learned Trial Court. Pending application stands
disposed of.
9. Copy of this order be immediately sent to the concerned Jail
Superintendent for informing the accused/applicants.
10. At this stage, Shri Bharat Bhushan Bhatia, counsel for accused Sagar
appears and submits that he was waiting for the matter outside the court
room. But the matter was taken up as it is connected with Bail Application
1936/2025 (Item No. 62) and at the time of hearing, the impression taken
was that two counsel appearing from the side of accused/applicants were
representing applicants of both cases. Learned counsel is apprised of the
order passed above.
GIRISH Digitally signed by
GIRISH KATHPALIA
KATHPALIA Date: 2025.05.20
17:43:39 +05'30'
GIRISH KATHPALIA
(JUDGE)
MAY 20, 2025/DR
BAIL APPLN. 1936/2025 & BAIL APPLN. 1063/2025 Page 4 of 4 pages
