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*	IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI
%					                    Date of Decision: 22.01.2026
+ 	BAIL APPLN. 4960/2025
	ABDUL AHAD						.....Petitioner
Through:	Mr. Vikas Agarwal, Mr. Shiv Kumar Kushwah and  Ms. Priya Gutpa, Advocates 
				versus
	STATE NCT OF DELHI					.....Respondent
Through:	Mr. Sanjeev Sabharwal, APP for the State with SI Mahavir and SI Amit Kumar


	CORAM:          JUSTICE GIRISH KATHPALIA
			
J U D G M E N T    (ORAL)

CRL.M.A. 38273/2025 (exemption)
1.	Allowed, subject to all just exceptions.
CRL.M.A. 38272/2025 (exemption from  filing  reply dt. 29.08.2025)
2.	For the reasons mentioned therein, the application is allowed. 
BAIL APPLN. 4960/2025
3.	The accused/applicant seeks regular bail in case FIR No. 945/2023 of PS DBG Road for offence under Section 392/394/34 IPC.
4.	Broadly speaking, prosecution case is that on 05.11.2023, at about 08:00pm the accused/applicant was driving his scooter with co-accused Arbaz sitting pillion. The accused/applicant snatched mobile phone of the complainant de facto and handed over the same to Arbaz. When the mobile phone was snatched, the complainant de facto caught hold of the scooter from behind and seeing that the accused/applicant sped away after the complainant de facto fell down on road. The incident was noticed by few public persons and two police officials passing by the area. The co-accused Arbaz succeeded in escaping and fled away while the accused/applicant was apprehended by police. Since that day, the accused/applicant is in custody. 
5.	Learned counsel for accused/applicant submits that co-accused Arbaz has already been granted bail on 08.08.2025. It is further submitted by him that the complainant de facto has already been examined before the trial court and she has not supported prosecution case to the extent of identifying the accused/applicant. 
6.	 Learned APP assisted by IO/SI Amit Kumar and SI Mahavir opposes the bail application on the ground that the complainant de facto also sustained injuries on account of fall while trying to stop the scooter of the accused/applicant. 
7.	Considering the overall circumstances, especially the period of incarceration of the accused/applicant coupled with the inability of the complainant de facto to identify the accused/applicant during trial and grant of bail to the co-accused, I find no reason to deprive liberty to the present accused/applicant.
8.	The bail application is allowed and it is directed that the accused/ applicant be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court. 
9.	A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.



GIRISH KATHPALIA
     (JUDGE)
JANUARY 22, 2026
‘rs’




BAIL APPLICATION 4960/2025		                           		            Page 3 of 3 pages