BAIL APPLN./3568/2026 of PIYUSH TIWARI Vs STATE NCT OF DELHI on 30 September 2026

O R D E R

% 30.09.2026

1. This hearing has been done through hybrid mode.

2. By way of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), the applicant seeks regular bail in FIR No. 0004/2025, P.S. South Rohini, Delhi, registered under Sections 105, 110 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’).

3. As per the prosecution, the incident stemmed from a sudden altercation during the intervening night of the New Year celebrations, arising from an objection to loud music. The applicant is alleged only to have assaulted the complainant, Dinesh, with a wiper, while the specific allegation of strangulating the deceased, Dharmender, is attributed to co- accused Kapil Tiwari. Significantly, no fatal injury to the deceased has been attributed to the applicant.

4. The applicant was arrested on 01.01.2025 and has remained in judicial custody since then. Investigation stands completed, the chargesheet has been filed, and charges were framed on 20.12.2025.

5. Learned counsel for the applicant submits that the applicant has remained in custody for more than one year and, with the chargesheet having been filed, no further custodial interrogation is required. It is further submitted that the CCTV footage does not show the applicant strangling the deceased or meeting him in the manner alleged. Learned counsel contends that there is no material to establish any common intention or pre-planned conspiracy on the part of the applicant, and that the incident arose suddenly during a heated altercation over loud music.

6. Per contra, learned APP for the State submits that the CCTV footage shows the applicant fighting with the complainant as well as the deceased. It is further submitted that the altercation continued despite attempts by the family members and neighbours to intervene, and that the co-accused is clearly seen grappling with and strangling the deceased with both hands. Learned APP accordingly opposes bail, submitting that the applicant's role has to be considered in the context of the entire incident and the material collected during investigation.

7. This court has heard both the parties.

8. As per the opinion, the post-mortem report by the doctors suggests as follows: “….The deceased was suffering from extensive heart and blood vessels disease and was prone to cardiovascular adverse events spontaneously or due to physical trauma and emotional stress. In such cases, the circumstances in which death occurs assume greater importance. For physical trauma and example in the circumstances of assault, both emotional stress - are present In view of the above, the possible causes of death are:

1. Physical trauma to neck leading to carotid sinus reflex and consequent circulatory collapse and/or,

2. Physical trauma and accompanying emotion stress leading to Myocardial Infarction and consequent circulatory collapse. The injuries on the body of the deceased were caused by blunt force impact. The nature and pattern of injuries were consistent with assault. The injuries were not sufficient to cause death in ordinary course of nature. Further opinion will be provided after receiving chemical analysis report of viscera and histopathological examination report of tissues…”

9. It is pertinent to note that the CCTV footage shows that the applicant was not strangling the neck of the deceased. The role attributed to the applicant is that of having assaulted the complainant with a wiper.

10. Further, no fatal injury upon the deceased has been specifically attributed to the present applicant.

11. Keeping in view the facts and circumstances of the case, the applicant is directed to be released on regular bail on furnishing a bail bond in the sum of Rs. 25,000/- with one surety of the like amount, to the satisfaction of the learned Trial Court, subject to the following conditions: i. The applicant shall not leave India without prior permission of the learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.

iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.

12. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.

13. The application is allowed and disposed of accordingly. Pending application(s), if any, also stand disposed of.

14. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 30, 2026/Ni/yt