Nicky Kumar Sharma vs The State

GIRISH KATHPALIA, J.

The accused/applicant seeks regular bail in case FIR No. 267/2026 of Police Station Bharat Nagar for offence under Section 309(1)/309(4)/310(2)/61(2)/3(5) BNS.

Learned APP for State assisted by IO/SI Jagbir Singh accepts notice and submits that the application can be heard and disposed of today itself. As such, I have heard learned counsel for accused/applicant and learned APP for State.

Broadly speaking, prosecution case is that on 06.05.2026, the accused/applicant along with two co-accused persons robbed the complainant de facto of Rs. 6,39,640/-. According to prosecution, at the time of the alleged robbery, the complainant de facto carrying the money bag was driving his moped and at that time, the accused/applicant with two co-accused persons came on motorcycle and kicked the moped due to which the complainant de facto fell down and the accused persons fled with the money bag.

Learned counsel for accused/applicant submits that the alleged incident took place on 06.05.2026 but the FIR was lodged on 08.05.2026, for which delay there is no explanation. It is also submitted that co-accused Sudhanshu has already been granted regular bail while co-accused Karan Kumar has already been granted interim protection from arrest in anticipatory bail hearing.

Learned APP for State submits that there is no serious objection to grant of bail in view of parity with the co-accused persons.

Considering the above circumstances, I do not find any reason to deprive further liberty to the accused/applicant. Therefore, the bail application is allowed and accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs. 15,000/- with one surety in the like amount to the satisfaction of the Trial Court/Duty Magistrate.

A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.

Accompanying applications also stand disposed of.