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Abhishek @ Love vs. State (N.C.T. of Delhi)

Bail Application · CNR No. DLHC010318982026Decided 23 Sept 2026New Delhi Bench
BAIL APPLN. 2858/2026CNR: DLHC010318982026
Justice Girish Kathpalia

Background

The petitioner was accused of inflicting a stab injury on the abdomen of one Chand Mohd during an incident in a public park on 30.08.2024, in connection with FIR No. 435/2024 of PS Mahendra Park under Section 109(1) of the Bharatiya Nyaya Sanhita (BNS). He had been in custody since 31.08.2024. The injured person was discharged from hospital about a week after the incident, and charges were framed in February 2025.

Decision Breakdown

The Court noted that the Investigating Officer did not appear at the hearing, suggesting the prosecution was not seriously pressing its opposition, though the APP formally recorded opposition. The Court also noted that despite the charge having been framed over a year earlier, only the injured witness had been partly examined at trial. Weighing these circumstances, the Court found no reason to keep the petitioner in custody any longer and granted regular bail on a personal bond of Rs. 10,000 with one surety.

Lesson Learnt

Prolonged pre-trial custody with little progress in the actual trial (only partial examination of one witness over a year after charges were framed) is a strong ground for regular bail, and an investigating officer's non-appearance at a bail hearing can itself signal weak opposition to bail.

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