Delhi HC denies bail to man whose attack cost friend a kidney
Synopsis
Key Takeaways
The Delhi High Court has refused to grant regular bail to Bharat Singh, a 26-year-old man accused of attacking a friend with a sharp object during a drunken scuffle, in a ruling that underscores the gravity of the injuries inflicted. The victim suffered damage to one kidney so severe that it had to be surgically removed, and the court flagged a credible threat to prosecution witnesses as a key reason for the denial.
Key Developments in the Case
A single-judge Bench of Justice Mini Pushkarna dismissed the bail plea, citing the nature and gravity of the accusation, the early stage of the trial, and the risk of witness intimidation. Of 22 prosecution witnesses, only the complainant has been examined so far, while the injured victim is yet to depose before the trial court.
'Taking an overall view of the facts and circumstances and having regard to the nature and gravity of the accusation, the stage of the trial with the victim yet to be examined, and the reasonable apprehension of the witnesses being influenced, the applicant has been unable to make out a case for grant of regular bail at this stage,' Justice Pushkarna observed.
What the Prosecution Alleged
According to the prosecution, the incident occurred on the night of 8 May 2025, after the accused, complainant, and victim had consumed alcohol together. The accused allegedly called the two friends to his home, where a scuffle broke out. Singh allegedly attacked the victim with a sharp, metal-like object — later identified as a knife, recovered at his instance — before allegedly fleeing the scene, leaving the victim in a pool of blood.
An FIR was registered at Sector 23 Police Station, Dwarka, on 9 May 2025, initially under Section 118(1) of the Bharatiya Nyaya Sanhita (BNS). Following investigation, the charge sheet — filed on 27 September 2025 — invoked additional offences under Sections 118(2) and 190(1) of the BNS, including attempt to murder. Forensic Science Laboratory reports were also placed before the court in support of the prosecution's case.
Accused's Arguments and Court's Response
Singh's counsel argued that he was a young married man, the sole earning member of his family, and had no prior criminal antecedents. The defence submitted that the altercation occurred under extreme intoxication — Singh's blood alcohol content was recorded at 172 mg, while the victim's was 177.3 mg — and that there was no intention to cause grievous injury. The counsel also pointed out that the complainant had turned hostile during the trial and was no longer supporting the prosecution.
The High Court, however, held that at the bail stage it was not required to conduct a detailed examination of prosecution evidence or determine the likelihood of conviction. 'While dealing with an application for bail, it is not to undertake a threadbare analysis of the case of the prosecution and the materials on record,' Justice Pushkarna noted.
Witness Threat and Trial Stage Concerns
A significant factor in the court's reasoning was the alleged conduct of the accused's family members, who were said to have threatened the complainant and victim with 'dire consequences' for pursuing the case. The court recorded that the threat to witnesses was not merely apprehended but corroborated by submissions from counsel appearing for the complainant and victim.
The bench also noted that the submissions made before the High Court did not constitute any change in circumstances that would warrant departing from the earlier order of the Dwarka court, which had previously rejected Singh's bail application. Justice Pushkarna clarified that the observations in the judgment were confined to the bail plea and would not be construed as a view on the merits of the case.
What Happens Next
The trial will continue before the lower court, where the victim — whose testimony is considered critical to the prosecution's case — is yet to be examined. Until all 22 witnesses are heard, the case remains at an early stage, and Singh will stay in custody. A fresh bail application can be filed if there is a material change in circumstances.