SAMEER SAIFI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in FIR No. 756/2024 dtd. 3/12/2024 for the offences under Sec. 110/115(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) registered at Police Station Burari.

(2.) At the outset, the learned counsel for the petitioner submits that the petitioner is only 18 years of age, having no criminal antecedents or previous history of being involved in any criminal case, in fact, in the present case also, he has been falsely implicated. He submits that the petitioner is in custody since the date of his arrest, being 5/12/2024.

(3.) He submits that even by going through the statement of the complainant, the best role, which has been attributed to the petitioner is that being an assailant, he beat the complainant with fists and kicks and that too not on any vital part of his body. Therefore, he can be, at most, maximum tried for offence of hurt, which is a bailable offence. Learned counsel further submits that in the said incident, the complainant did not suffer any grievous injuries as (even for a 24 hours), he was not admitted in the Hospital.