NITIN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present application is filed seeking pre-arrest bail in FIR No.154/2025 dtd. 9/3/2025, registered at Police Station Mukherjee Nagar, for offence under Ss. 110/3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS').

(2.) Briefly stated, the FIR was registered for the offence under Ss. 110/3(5) of the BNS on the statement of the complainant, namely, Amit Kumar (victim's friend). Subsequently, after death of the victim, Sec. 105 of the BNS was added. It was alleged that on the intervening night of 7/3/2025 and 8/3/2025, at around 2:30AM, the victim had gone to the PG where the complainant was staying, and requested him to shelter the victim from the accused Sourabh and his friends. Allegedly, after some time, around 4 AM, the accused Sourabh came to the spot with his friends in search of the victim. Hearing a voice calling out to find the victim for teaching him a lesson, the victim became terrified and ran towards the stairs to escape by crossing over to the other terrace. The accused persons allegedly came inside the PG of the complainant and searched furiously for the victim. It is alleged that the accused persons also threatened the complainant of dire consequences if he protected the victim. After leaving the complainant's room, the accused persons went towards the stairs. A PCR call was subsequently received around 4:56AM regarding the victim lying in a pool of blood after falling from the roof.

(3.) During investigation, all four accomplices of the accused Sourabh (who had accompanied the said accused to the PG of the complainant), including the applicant, were identified from the CCTV footage. It was also found during investigation that the victim and the accused Sourabh had a spat around 2AM on 8/3/2025 near Batra Cinema, whereafter, the accused Sourabh made calls to several persons to teach a lesson to the victim. It was found that the accused Sourabh had chased the victim with his accomplices for over two hours, and he had gone to the victim's house as well before going to the complainant's PG.