Delhi High Court
Piyush Sharma @ Kale vs State Nct Of Delhi on 1 August, 2025
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01.08.2025
+ BAIL APPLN. 2047/2025 & CRL.M.A. 16738/2025
PIYUSH SHARMA @ KALE .....Petitioner
Through: Ms. Shweta Mehta and Mr. Prem
Kishore Tripathi, Advocates.
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Nawal Kishore Jha, APP for State
with Inspector Sanjay Kumar and
Inspector Bijender, PS Bindapur.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 141/2021 of
PS Bindapur for offence under Section 302/307/34 IPC. Broadly speaking,
the allegation against the accused/applicant is that he inflicted multiple stab
wounds to the first informant as well as brother of the first informant. On
account of multiple stab injuries, brother of the first informant died.
2. Learned counsel for accused/applicant submits that there is no eye
witness of the alleged stabbing. It is further submitted that on account of
delay in trial, the accused/applicant deserves to be granted bail. Finally,
learned counsel for the accused/applicant contends that on principles of
BAIL APPLN. 2047/2025 Page 1 of 3 pages
GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA
Date: 2025.08.01 18:28:52 +05'30'
parity, the accused/applicant deserves to be granted bail because co-accused
Siraj, Monu and Sandeep were granted bail.
3. On the other hand, learned APP assisted by IO/Inspector Sanjay
Kumar submits that there is no delay in trial insofar as the charge was
framed on 11.11.2021 and by now 19 out of 25 prosecution witnesses stand
examined. Learned APP further submits that the bail application deserves to
be summarily dismissed on account of concealment of order dated
05.05.2025 of this Court.
4. It appears that earlier, the accused/applicant filed a bail application
but the same was dismissed as withdrawn vide order dated 02.04.2025.
Thereafter, the accused/applicant filed a miscellaneous application seeking
modification of order dated 02.04.2025 and that miscellaneous application
was dismissed vide order dated 05.05.2025 with costs. It is submitted by
learned counsel for the accused/applicant that cost dated 05.05.2025 has
been duly deposited and she has shown me the cost receipt.
5. So far as the ground of delay in trial is concerned, the charge having
been framed on 11.11.2021 and 19 out of 25 prosecution witnesses having
been examined, I do not find it to be a case of a delay in trial for which the
accused/applicant be released on bail especially in this case of gruesome
killing.
6. As regards the eye witness, in his FIR, brother of the deceased, who
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GIRISH KATHPALIA KATHPALIA
himself was also stabbed clearly stated that the accused/applicant inflicted
multiple stab wounds on the deceased Suraj Prakash.
7. So far as the ground of parity is concerned, the Court has to keep in
mind the role ascribed to the concerned accused persons. As mentioned
above, it is the accused/applicant who inflicted stab injuries leading to death
of the deceased. None of the remaining accused persons namely Siraj, Monu
and Sandeep inflicted the fatal injuries. Therefore, the accused/applicant
cannot claim parity with their case.
8. In view of above circumstances, I do not find it a fit case to grant bail
to the accused/applicant. The bail application and the pending miscellaneous
application are dismissed. Copy of this order be sent to the concerned Jail
Superintendent for being conveyed to the accused/applicant.
GIRISH GIRISH KATHPALIA
KATHPALIA Date: 2025.08.01
18:28:19 +05'30'
GIRISH KATHPALIA
(JUDGE)
AUGUST 1, 2025/dr
BAIL APPLN. 2047/2025 Page 3 of 3 pages
