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HIGH COURT OF DELHI
Date of Decision: 31.07.2025
ROHIT KHATRI ALIAS JONTY .....Petitioner
Through: Mr. Hariom, Advocate
Through: Mr. Amit Ahlawat, APP for State
Dinesh Kumar, PS NIA
JUDGMENT
1. The accused/applicant seeks anticipatory bail in case FIR NO. 514/2025 of PS Narela Industrial Area for offence under Section 109(1)/351(2)/118(1)/126(2)/3(5) of BNS. Briefly stated, the allegation against the accused/applicant is that he alongwith co-accused Abhishek Khatri assaulted the victim with iron rod, sticks and iron stand, thereby causing multiple fractures on both his lower and upper limbs.
2. The learned Court of Sessions dismissed the anticipatory bail application of the accused/applicant, recording that the injured suffered several fractures in both upper and lower limbs.
GIRISH KATHPALIA KATHPALIA Date: 2025.07.31 17:14:46 +05'30'
3. Learned counsel for accused/applicant contended that he has been falsely implicated in this case. It is further submitted that the accused/applicant has been joining investigation as and when directed.
4. Keeping in mind the observation of the learned Court of Sessions that the victim suffered multiple fractures, the IO was directed to show the investigation file. The MLR dated 29.05.2025 does reflect multiple lacerated wounds and tenderness over both limbs, but also records that x-ray could not be performed due to unavailability of functional x-ray machines. Evidently, correct picture was not presented by the IO before the Court of Sessions.
5. At this stage, the IO has produced before me a medical document bearing stamp and signatures of Dr. Kumar Bharat, which bears an opinion that the nature of injury, as per the documents of Hasija Hospital is grievous. But the IO submits that he did not collect any such document from the Hasija Hospital or the government hospital where Dr. Kumar Bharat is posted as a Medical Officer.
6. To say the least, for present purposes of the anticipatory bail, the manner in which the investigation is being carried out fails to inspire confidence, so I find no reason to deprive the accused/applicant liberty.
7. The application is allowed and it is directed that in the event of his arrest, the accused/applicant shall be released on bail subject to his Date: 2025.07.31 17:14:31 +05'30' furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned. (JUDGE) JULY 31, 2025