Kishan v. State of NCT of Delhi

O R D E R %

19.08.2026

¶1This hearing has been done through hybrid mode.

¶2The present application has been filed on behalf of the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS') seeking grant of regular bail in FIR No.0490/2026 registered at Police Station Nihal Vihar, Outer District, Delhi, for the offences punishable under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS').

¶3Learned counsel for the petitioner submits that the petitioner is about 19 years of age and has been in judicial custody for more than 50 days. It is further submitted that the only role attributed to the petitioner is that he had caught hold of the injured/victim.

¶4Per contra, learned APP for the State opposes the present application The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. and submits that the allegations are serious in nature. It is further submitted that the injured remained hospitalized for a period of about 7–8 days.

¶5Heard both the learned counsel for the petitioner and the learned APP for the State and have perused the material placed on record.

¶6Having regard to the fact that the petitioner is about 19 years of age; has remained in judicial custody for more than 50 days; the injured has since been discharged from the hospital; and the specific and only role attributed to the petitioner is that of having caught hold of the injured/victim, this Court is of the view that the petitioner may be enlarged on bail.

¶7Accordingly, the present application is allowed. The petitioner is directed to be released on regular bail upon furnishing a bail bond to the sum of ₹25,000/- with one surety of the like amount, to the satisfaction of the concerned learned Trial Court, subject to the following conditions: i. The applicant shall intimate the concerned learned Trial Court by way of an affidavit and to the Investigating Officer (IO) regarding any change in residential address. ii. The applicant shall appear before the concerned learned Trial Court as and when the matter is taken up for hearing. iii. The applicant is directed to give his mobile number to the IO and keep it operational at all times. iv. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.

¶8The application is allowed and disposed of accordingly. Pending application(s), if any, also stand(s) disposed of.

¶9Nothing contained herein shall be construed as an opinion on the merits of the case and that any observations made are only for the purposes of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. present bail application.

¶10A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.

¶11The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 19, 2026/b/PG The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010384542026 + BAIL APPLN. 3396/2026 CRL.M.A. 25374/2026 CRL.M.A. 25375/2026 KISHAN .....Petitioner Through: Mr. Shahbaz Ahmad Naik and Mr. Satish Kumar, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP ASI Jal Singh, PS Nihal Vihar CORAM: HON'BLE MS. JUSTICE MADHU JAIN